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NY M81527




March 27, 2006

CLA-2-61:RR:NC:N3:359 M81527

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Stephen Z. Haber
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th floor
New York, NY 10022-4877

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

Dear Mr. Haber:

In your letter dated March 6, 2006, you requested a classification ruling on behalf of The Talbots, Inc.

You submitted a sample of a women’s knit cardigan identified as style 64121239. The cardigan is constructed of 100% cotton knit fabric that measures 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 jewel neckline, a full front buttoned opening, tubular hemmed long sleeves and bottom. The front panels are knit to shape with a self start bottom, self finished sides, and full fashion marks at the armholes. The back panel has a self start bottom, self finished sides, full fashion marks at the armholes, but only marker holes to delineate the curvature of the neckline. The neckband material has self finished sides but does not have a self start bottom There is a line of demarcation between the pieces of neckband fabric, but the pieces of fabric that contain the neckband do not distinguish from the waste yarn and the neckband 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 64121239 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 64121239 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).

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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