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NY M80469




February 16, 2006

CLA-2-61:RR:NC:N3:359 M80469

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Ms. Jada Evans
May Merchandising Company
May Department Stores International, Inc. 615 Olive St.
St. Louis, Missouri 63101

RE: The tariff classification of women’s knit pullovers from China

Dear Ms. Evans:

Recent technical changes to statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS) necessitated reviewing and replacing NY Ruling Number L89536, dated January 13, 2006. The change impacted on the perceived stitch count of the garment, which changed the tariff classification. A complete revised ruling follows.

In your letter dated December 20, 2005, you requested a classification ruling.

Two garments, identified as styles 23070 and 23116 were submitted and will be returned as you have requested.

Style 23070 is a finely knit pullover, featuring a u shaped neckline and cap sleeves. Style 23116 is a sleeveless pullover, also with a u shaped neckline. Both garments are made of fabric whose fiber content is 53% rayon and 47% nylon. The fabric of these garments is made up of rib knit fabric of five different stitch counts, but all measure more than 9 but equal to or less than 18 stitches per 2 centimeters measured in the direction in which the stitches were formed.

The applicable subheading for both the garments will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: 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/.

Both styles fall 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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