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NY M80972





March 17, 2006

CLA-2-61:RR:NC:TA:359 M80972

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Ms. Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman’s pullover from China

Dear Ms. Bauman:

In your letter dated March 2, 2006, on behalf of Dress Barn, Inc., 30 Dunnigan Drive, Suffern, NY 10901, you requested a classification ruling. Your sample and components are being retained by this office.

The submitted sample, style number 5999, is a woman’s pullover that is constructed from 55% acrylic, 45% cotton, 5x2 rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. For purposes of Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), the stitch count is more than 9 but equal to or less than 18 stitches per 2 centimeters measured on the outer surface of the fabric in the direction in which the stitches were formed. The garment features a mock ribbed collar, shoulder pads, long sleeves with ribbed cuffs, and a ribbed bottom.

The front and back panels are knit to shape with self start bottoms, self finished sides, fashion marks at the armholes, and contoured necklines. The sleeves are knit to shape with self start bottoms, self finished sides and fashion marks at the armholes. The collar is knit to shape. All the components are looped and linked to form the finished garment.

The applicable subheading for the pullover will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of manmade fibers: otherother: women’s: knit to shape articles of 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/.

The pullover falls 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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