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NY M80038




February 23, 2006

CLA-2-61:RR:NC:N3:359 M80038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Andre Ryu
Wicked Fashion, Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of a woman’s knit pullover from China

Dear Mr. Ryu:

In your letter dated February 3, 2006, you requested a classification ruling.

You submitted a sample of style 6666, a woman’s knit pullover made of 100% acrylic fabric that measures more than 9 stitches per 2 centimeters counted in the horizontal direction. For purposes of Statistical Note 6 to Chapter 61, the stitch count is more than 9 but equal to or less than 18 stitches per 2 centimeters measured on the outer surface of the fabric in the direction in which the stitches were formed. The garment features a mock turtleneck, long sleeves with rib knit cuffs and a rib knit bottom which are just a change in knitting pattern and not a separate component. The front 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 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 sides, and full fashion marks at the armholes. The collar is knit to shape. All components are looped and linked to for the finished garment.

In your submission you asked if putting a small patch, a small area of embroidery or a logo on the front panel would affect the classification of the garment. Although in general, such an addition should not impact the classification of the garment, each garment is judged on an individual basis. You are advised to submit examples in order to obtain advice on this issue. Your garment will be returned as you have requested.

The applicable subheading for style 6666 will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 32% 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 6666 falls within textile category designation 639. 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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