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NY M81055




March 21, 2006

CLA-2-61:RR:NC:N3:359 M81055

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Melissa Fox
Barthco Trade Consultants
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a long cardigan from China

Dear Ms. Fox:

In your letter dated March 8, 2006, you requested a classification ruling on behalf of Jones Apparel Group.

A sample identified as style WFPD33458 was submitted, along with its component parts. The garment is a long sleeved cardigan featuring a notched collar. The cardigan reaches to below the knee and has a single button as a closure. The cardigan is made of 66% rayon and 44% nylon knit fabric. The outer surface of the garment measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction in which the stitches were formed. The back panel of the garment is not knit to shape. The shape of the neckline along the back is indicated solely by the presence of two marker holes to indicate to the assembler where the garment is to be looped to the collar. This is not an acceptable form of demarcation for purposes of the knit to shape requirements of statistical note 6 to chapter 61, Harmonized Tariff Schedule of the United States, (HTSUS). The garment and component pieces will be returned as you have requested.

The applicable subheading for style WFPD33458 will be 6110.30.3059, HTSUS, which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Other. 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 cardigan 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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