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NY M81210





April 4, 2006

CLA-2-61:RR:NC:TA:359 M81210

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6110.20.2079

Ms. Jennifer Scott
Expeditor’s International of Washington 21318 64th Avenue
Kent, WA 98032

RE: The tariff classification of three women’s cardigans and a woman’s jacket from China.

Dear Ms. Scott:

In your letter dated March 10, 2006, you requested a classification ruling on behalf of Tommy Bahama Group Inc. As requested, your samples are being returned to you.

Style 63TW5192 is a woman’s cardigan constructed from 98% cotton, 2% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a mock collar, a full front zippered opening, long hemmed sleeves, two zippered pockets, and a hemmed bottom. The components of the garment are sewn together. Thus, it does not meet the requirements of statistical note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

Style 63TW5191 is a woman’s cardigan constructed from 96% cotton, 4% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a mock collar, long hemmed sleeves, a full front opening with nine snap closures, two front pockets, and a hemmed bottom. The components of the garment are sewn together. Thus, it does not meet the requirements of statistical note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

Style 63TW5199 is a woman’s jacket constructed from 98% cotton, 2% spandex knit fabric. The garment features a mock collar, long sleeves with rib knit cuffs, a full front zippered opening, an a rib knit bottom that provides a tightening at the waist.

Style 63TW5195 is a woman’s cardigan constructed from 95% cotton, 5% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a mock collar, a full front zippered opening, long sleeves with cuffs with snaps, two flap pockets, two side-entry pockets, decorative embroidery, and a banded bottom. The components of the garment are sewn together. Thus, it does not meet the requirements of statistical note 6, Chapter 61, HTSUS.

The applicable subheading for the cardigans will be 6110.20.2079, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s: Other. The duty rate will be 16.5% ad valorem.

The applicable subheading for the jacket will be 6102.20.0010, HTSUS, which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of cotton: Women’s. The duty rate will be 15.9% ad valorem.

Tariff number 6110.20.2079 falls within textile category designation 339. Tariff number 6102.20.0010 falls within textile category designation 335. 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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