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NY M80386




March 31, 2006

CLA-2-61:RR:NC:WA:361 NY M80386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2079

Ms. Jennifer Diaz
Becker & Poliakoff
Emerald Lake Corporate Park
Fort Lauderdale, FL 33312-6525

RE: The tariff classification of a woman’s tank top and cardigan from China.

Dear Ms Diaz:

In your letter dated March 6, 2006, on behalf of your client Boston Proper, Inc., you requested a classification ruling for a woman’s knit tank top and cardigan.

The submitted samples are described as follows:

Style #BPS10578 – A woman’s tank top constructed from 100% cotton, rib knit fabric. The garment extends below the waist and features a modified square neckline in front and back, shoulder straps measuring less than 2 inches in width, and a self-finished bottom.

Style #BPS10577 – A woman’s cardigan constructed from 100% cotton rib knit fabric that measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a full front opening with a seven-button closure, long sleeves, and a self-finished bottom.

We are returning your samples as you requested.

The applicable subheading for the tank top, Style BPS10578 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops. The rate of duty will be 16.5% ad valorem.

The applicable subheading for the cardigan, Style BPS10577 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’: 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/.

Styles BPS10578 & BPS10577 fall 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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