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NY M80746




February 17, 2006

CLA-2-61:RR:NC:TA:359 M80746

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057; 6114.30.1020

Mr. Andrew Lockhart
Le Chateau, Inc.
5895 Ferrier
Montreal (Quebec), Canada H4P 1N1

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

Dear Mr. Lockhart:

In your letter received in this office on January 31, 2006, you requested a classification ruling. Your samples are being returned as requested.

You submitted three women’s knit garments that are constructed from 100% viscose, knit fabric. The outer surface of the garments measures more than 9 stitches but fewer than 18 stitches per 2 centimeters in the direction that the stitches were formed. The component parts of style S-1335 are linked and looped together. The knit to shape rule does not apply to style S-1373.

Style S-1335 is a woman’s sleeveless pullover that features a draped front and a deep V-back with a tie, and a ribbed bottom.

Style S-1373 is a woman’s top that features an asymmetrical neckline extending from the top of one shoulder to under the arm on the opposite side. The top has a short sleeve on one side and a rib knit bottom.

Your request does not provide enough information for us to give a classification ruling on style S-1348. We are returning the sample. How is this garment intended to be sold and worn? Please submit a production sample, size medium. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

The applicable subheading for style S-1335 will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of man made fibers: otherother: women’s: knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 32% ad valorem.

The applicable subheading for style S-1373 will be 6114.30.1020, HTSUS, that provides for other garments, knitted: of man made fibers: tops: 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 S-1335 and S-1373 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 R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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