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NY M81414




April 5, 2006

CLA-2-61:RR:NC:TA:359 M81414

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1510

Ms. Lorraine Drummond
Hampshire Brands
119 West 40th Street, 22nd Floor
New York, NY 10018

RE: The tariff classification of a man’s sweater from China

Dear Ms. Drummond:

In your letter March 13, 2006, you requested a classification ruling. You submitted three samples that are being returned as requested.

The submitted sample, style 4301002, is a man’s sweater that is constructed from 65% acrylic, 30% wool, and 5% nylon, 4x3x2 rib knit fabric. The outer surface of the garment measures fewer than 9 stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a turtleneck, long sleeves, a full front opening with a zipper closure that includes the turtleneck, 2 front vertical inset pockets at the waist, and a straight bottom.

Your request does not provide enough information for us to give a classification ruling on styles 48204 and 48224. As the classification of these garments requires that a determination be made whether the garments are knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), submit all of the component pieces of the garments in their condition as taken from the knitting machine, in condition ready for assembly without further cutting or manufacture. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces. Please submit ruling request letter in triplicate.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

The applicable subheading for style 4301002 will be 6110.30.1510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of man-made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: sweaters: men’s. The duty rate will be 17% 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 4301002 falls within textile category designation 445. 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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