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NY M81214




April 7, 2006

CLA-2-61:RR:NC:TA:N3:356 M81214

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a men’s knit garment from China.

Dear Mr. Hoffacker:

In your letter dated March 13, 2006, you requested a tariff classification ruling on behalf of Supreme International. As requested, your sample will be returned.

Style V6FG0093 is a men’s cardigan constructed from 55% cotton, 45% acrylic, 3x2 rib knit fabric that measures 13 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit spread collar, a full front opening with a zippered closure, long sleeves with rib knit cuffs, side entry pockets below the waist, and a rib knit bottom. There is an overlay of 100% polyester, faux suede fabric sewn over the major portion of the front panel extending from the shoulders to the waistband.

For purposes of Statistical Note 6 to Chapter 61, the stitch count for this garment is 9 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches were formed. Because the stitch count does not meet the requirements of the statistical note, the applicable subheading for Style V6FG0093 will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': other. The duty rate is 16.5% 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/.

Style V6FG0093 falls within textile category designation 338. 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). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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