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NY M81379




April 11, 2006

CLA-2-61:RR:NC:TA:359 NY M81379

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Ms. Gail T. Cumins
Sharetts, Paley, Carter & Blauvelt, P.C.
Seventy-Five Broad Street
New York, NY 10004

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

Dear Ms. Cumins:

In your letter dated March 15, 2006, on behalf of your client Millard, Inc., you requested a classification ruling. Your samples are being returned as requested.

Style 135226 is a woman’s cardigan that is constructed from 70% rayon and 30% nylon knit fabric. The fabric of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. For purposes of Statistical Note 6 to Chapter 61, 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 V-shaped front opening with an 8-button closure, long sleeves with rib knit cuffs that has a four-button closure, and a self-start bottom. The front panels are knit to shape with a self-start bottom, self-finished sides, full fashion marks at the neckline and armholes, and a contoured neckline. The back panel is knit to shape with a self-start bottom, self-finished sides and full fashion marks at the armholes. The knit placket for the neck and front opening of the garment is knit to shape. All components are looped and linked to form the finished garment.

Style 135227 is a woman’s sleeveless pullover that is constructed from 70% rayon and 30% nylon knit fabric. The fabric of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. For purposes of Statistical Note 6 to Chapter 61, 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 U-shaped neckline in front, and a self-start bottom. The front panel is knit to shape with a self-start bottom, self-finished sides, full fashion marks at the neckline and armholes, and a contoured neckline. The back panel is knit to shape with a self-start bottom, self-finished sides and full fashion marks at the armholes. All components are looped and linked to form the finished garment.

The applicable subheading for the cardigan, Style 135226 and the pullover, Style 135227 will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, knitted: of man-made fibers: Other:Other: Other:Other:Other:Women’s or girls’:Knit to shape articles described in statistical not 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 cardigan, Style 135226 and the pullover, Style 135227 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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