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NY M80453




March 8, 2006

CLA-2-61:RR:NC:TA:359 M80453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079; 6102.20.0010; 6102.30.2010

Mr. William Chung
Sino Qualitex, Inc.
450 Seventh Avenue, 10th Floor
New York, NY 10123

RE: The tariff classification of four women’s garments from China

Dear Mr. Chung:

In your letter dated February 14, 2006 you requested a classification ruling. You submitted four samples.

Style number 5867, is a woman’s pullover that is constructed from 60% cotton, 40% polyester, knit fabric that is napped on the inner surface. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a mock collar, long hemmed sleeves, a front partial opening with a zipper closure, a front kangaroo pocket in the waist area, side slits, and a hemmed bottom. The front panel has ribbed inserts on the left and right sides.

Style number 5869 is a woman’s cardigan that is constructed from 60% cotton, 40% polyester, knit fabric that is napped on the inner surface. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a mock collar, long sleeves, a full front opening with a zipper closure, and an inset zippered pocket on the front bottom left. Embroidered designs are on the front panels. The sleeves and the bottom are finished with knit capping.

For purposes of Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS) the outer surface of styles 5867 and 5869 exceeds 18 stitches per 2 centimeters in the direction that the stitches were formed. The stitch count does not meet the stitch count requirements of Statistical Note 6 to chapter 61 (HTSUS).

You suggest styles 5867 and 5869 be classified in heading 6102, HTSUS. However, they are precluded from heading 6102 because they have no tightening at the sleeves or at the bottom.

Style number 5877 is a woman’s jacket that is constructed from 60% cotton, 40% polyester, fleece knit fabric that is napped on the inner surface. The garment features a mock ribbed collar, long sleeves with tight rib knit cuffs, a full front opening with 6 button closures, 2 front inset side entry pockets at the waist, and a tight rib knit bottom.

Style 5877-OTTO is a woman’s jacket that is constructed from 90% polyester, 10% acrylic, chenille knit fabric. The garment features a mock ribbed collar, long sleeves with tight rib knit cuffs, a full front opening with 6 button closures, 2 front inset side entry pockets at the waist, and a tight rib knit bottom.

The applicable subheading for styles 5867 and 5869 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted: of cotton: otherother: women’s: other. The duty rate will be 16.5% ad valorem.

The applicable subheading for style 5877 will be 6102.20.0010, which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of cotton: women’s. The duty rate will be 15.9% ad valorem.

The applicable subheading for style 5877-OTTO will be 6102.30.2010, which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of manmade fibers: other: other: women’s. The duty rate will be 28.2% 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 5867 and 5869 fall within textile category designation 339. Style 5877 falls in category 335. Style 5877-OTTO falls in category 635. 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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