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NY L89949




February 23, 2006

CLA-2-61:RR:NC:TA:N3:356 L89949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2067; 6110.20.2077

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of a men’s and a women’s knit pullover garment from China.

Dear Mr. Kamnitz:

In your letter dated January 25, 2006, you requested a tariff classification ruling on behalf of Polo Ralph Lauren. Your samples are being retained for our files.

Style S47SC04 is a men’s pullover garment constructed from 100% cotton, rib knit fabric that measures more than 9 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit V-neckline, long sleeves with rib knit cuffs, and a rib knit bottom. The front panel is knit to shape with a self-start bottom, self-finished sides, full fashion marks at the armholes and a contoured neckline. The back panel is knit to shape with a self-start bottom, self-finished sides, full fashion marks at the armholes and at the shoulders, and a contoured neckline. The sleeves are knit to shape with a self-start bottom, self-finished finished sides, and full fashion marks at the armholes. The neckband is knit to shape. All components are linked and looped to form the finished garment. For purposes of Statistical Note 6 to Chapter 61, the stitch count is more than 9 but fewer than 18 stitches per 2 centimeters measured on the outer surface of the fabric in the direction in which the stitches were formed.

Style 37J14 is a women’s pullover garment constructed from 100% cotton, jersey knit fabric that measures more than 9 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit V-neckline, long sleeves with rib knit cuffs, an embroidered logo on the left chest, and a rib knit bottom. The front panel and back panels are knit to shape with self-start bottoms, self-finished sides, full fashion marks at the armholes and contoured necklines. The sleeves are knit to shape with a self-start bottom, self-finished finished sides, and full fashion marks at the armholes. The neckband is knit to shape. All components are linked and looped to form the finished garment. For purposes of Statistical Note 6 to Chapter 61, the stitch count is more than 9 but fewer than 18 stitches per 2 centimeters measured on the outer surface of the fabric in the direction in which the stitches were formed.

The applicable subheading for Style S47SC04 will be 6110.20.2067, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': knit to shape articles described in statistical note 6 to this chapter. The duty rate is 16.5% ad valorem.

The applicable subheading for Style 37J14 will be 6110.20.2077, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women's or girls': knit to shape articles described in statistical note 6 to this chapter. The duty rate is 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/.

Style S47SC04 falls within textile category designation 338 and Style 37J14 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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