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NY M81437




April 11, 2006

CLA-2-61:RR:NC:TA:359 M81437

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.30.3057; 6110.30.3059

Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

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

Dear Mr. Travis:

In your letter dated March 22, 2006, you requested a classification ruling on behalf of Kellwood Company. For future requests, we ask that you submit your request in duplicate.

You submitted samples plus components of styles F63250(SF06-006), F64247(SF06-118) and F63226(SF06-041). They will be returned as you have requested.

Style F63250(SF06-006) is a woman knit pullover. The garment features long sleeves and a crew neckline. In your letter you had described the collar as a mock turtleneck, but we did not find the collar to have strong characteristics of a turtleneck. The outer surface of the 100% acrylic knit garment measures more than 9 but equal to or less than 18 stitches per 2 centimeters counted in the horizontal direction. All of the components submitted for this garment meet the requirements of statistical note 6 to chapter 61.

Style F64247(SF06-118) is a woman knit pullover. The garment features long sleeves and a boat neckline covered with capping fabric. The outer surface of the 100% acrylic knit garment measures more than 9 but equal to or less than 18 stitches per 2 centimeters counted in the horizontal direction. The capping fabric used for the neckline does not meet the requirements of statistical note 6 to chapter 61.

Style F63226(SF06-041) is a woman knit pullover. The garment features long sleeves and a crew neckline. The outer surface of the 60% cotton, 40% acrylic knit garment measures more than 9 but equal to or less than 18 stitches per 2 centimeters counted in the horizontal direction. All of the components submitted for this garment meet the requirements of statistical note 6 to chapter 61.

The applicable subheading for style F63250(SF06-006) will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 32% ad valorem.

The applicable subheading for style F64247(SF06-118) will be 6110.30.3059, HTSUS, which provides for sweaters, cardigansand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Other. The duty rate will be 32% ad valorem.

The applicable subheading for style F63226(SF06-041) will be 6110.20.2077, 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’: Knit to shape articles described in statistical note 6 to this chapter. 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 F63226(SF06-041) falls within textile category designation 339. Styles F63250(SF06-006) and F64247(SF06-118) fall 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). 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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