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NY M81420




April 11, 2006

CLA-2-61:RR:NC:N3:359 M81420

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Chiu Fat Lam
Air & Sea Cargo Express Corp.
175-01 Rockaway Blvd., Suite 303A
Jamaica, NY 11434

RE: The tariff classification of a women’s knit pullover from China

Dear Mr. Lam:

In your letter dated March 13, 2006, you requested a classification ruling on behalf of Onstar Pacific (USA) Ltd.

You submitted a sample of a women’s knit pullover identified as style S06-2385. The pullover is constructed of 80% cotton and 20% nylon knit fabric that measures more than 9 stitches per 2 centimeters counted 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 sleeveless garment features a v shaped neckline, a tubular knit bottom and capping over the armhole openings. The front panel is knit to shape with a self start bottom, self finished sides, and full fashion marks at the armholes. The back panel is knit to shape with a self start bottom, self finished sides, and full fashion marks at the armholes. The neckline of the garment is decorated with narrow crocheted fabric measuring no more than one half inch in width. In the v shaped portion of the neckline this crochet fabric extends to fill in the open area of the v to the extent that the dimensions of the front panel are significantly altered. This crochet portion is considered a component of the garment and is not knit to shape. The capping does not have adequate lines of demarcation. It only has self finished sides. There is a line of demarcation between the pieces of capping, but the pieces of fabric that contain the capping do not distinguish from the waste yarn and the capping fabric by anything other than a change in color of the fabric. The garment does not meet the requirements of statistical note 6 to chapter 61. The garment will be returned as you have requested.

The applicable subheading for style S06-2385 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’: Other. The duty rate will be 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 S06-2385 falls within textile category designation 339. 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 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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