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NY M80774




February 16, 2006

CLA-2-61:RR:NC:TA:359 M80774

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6106.10.0010; 6110.20.2079

Ms. Cindy R. Taber-Korenberg
Sandler, Travis & Rosenberg
551 Fifth Avenue
New York, NY 10176

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

Dear Ms. Korenberg:

In your letter dated January 25, 2006, on behalf of Brilliant Knitters Ltd. you requested a classification ruling.

You submitted four samples of women’s garments. Style 99368 is a pullover that is constructed from 82% cotton, 18% nylon, 2x2 rib knit fabric. The outer surface of the garment measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction that the stitches were formed. The stitch count does not reflect the purl stitches of the fabric. The component parts are linked and looped together. The pullover features a V-neckline, long sleeves, and a finished bottom.

Style 94578 is a pullover that is constructed from 82% cotton, 18% nylon, 3x3 rib knit fabric. The outer surface of the garment measures more than 9 stitches but less than 18 stitches in the direction that the stitches were formed. The stitch count does not reflect the purl stitches of the fabric. The pullover features a turtleneck, long sleeves, and a finished bottom.

Style 1A06038101 is a blouse that is constructed from 100% cotton, 2x2 rib knit fabric. The outer surface of the garment measures more than 10 stitches per linear centimeter in the horizontal and vertical directions. The blouse features a hood, long sleeves with layered cuffs, a partial opening with 8 button closures, and a finished bottom.

You suggest that style 1A06038101 be classified in heading 6110, Harmonized Tariff Schedule of the United States (HTSUS). However, the garment is more specifically provided for in heading 6106, HTSUS.

Style 1A06038109 is a pullover that is constructed from 100% cotton, cableknit fabric. The outer surface of the garment measures more than 18 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a V-neckline, long sleeves, and a ribbed bottom. A one-button patch pocket is on the left sleeve.

You suggest that style 1A06038109 be classified in subheading 6110.20.2077, HTSUS. However, the fabric exceeds 18 stitches per 2 centimeters and does not meet the requirements of statistical note 6 to chapter 61, HTSUS.

The applicable subheading for styles 99368 and 94578 will be 6110.20.2077, HTSUS, which provides for pullovers, knitted: of cotton: otherother: women’s: knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 16.5% ad valorem.

The applicable subheading for style 1A06038109 will be 6110.20.2079, HTSUS, which provides for pullovers, knitted: otherother: women’s: other. The duty rate will be 16.5% ad valorem.

The applicable subheading for style 1A06038101 will be 6106.10.0010, HTSUS, which provides for women’s blouses, knitted: of cotton: women’s. The duty rate will be 19.7% 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/.

All four styles 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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