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NY L89776




January 20, 2006

CLA-2-61:RR:NC:TA:359 L89776

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Mr. Donald S. Simpson
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of two women’s pullovers from Hong Kong

Dear Mr. Simpson:

In your letter dated January 9, 2005, on behalf of Dinteam Industries Limited, Room 2 Blk B, 9/F, Unimix Industrial Centre, 2 NG Fong St., Sanpokong, Kowloon, Hong Kong, you requested a classification ruling. You submitted three samples that are being returned as requested.

Style number 12-51827 is a woman’s pullover that is constructed from 82% cotton, 18% nylon, 2x2 rib knit fabric (the collar, the sleeves, the bottom section of the garment) and 1x1 rib knit fabric (the remainder of the garment). The outer surface of the garment measures more than 18 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a mock collar and ¾ inch long sleeves.

Style number 12-42037 is a woman’s pullover that is constructed from 100% cotton, 1x1 rib knit fabric. The outer surface of the garment measures more than 18 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a 2x2 rib knit turtleneck, long sleeves with rib knit cuffs and a rib knit bottom.

Style number 12-41332 cannot be addressed at this time. As the classification of this garment requires that a determination be made whether the garment is knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), please submit all of the component pieces of the garment in their condition as taken from the knitting machine, in condition ready for assembly without further cutting or manufacture. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces.

If or when you decide to resubmit this garment, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

The applicable subheading for styles 12-51827 and 12-42037, the pullovers, will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of cotton: otherother: women’s: other. The duty rate will be 16.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Each of the two pullovers falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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