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NY M81637




March 15, 2006

CLA-2-61:RR:NC:TA:359 M81637

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.20.2079

Ms. Donna Arloro
McNaughton Apparel Group Inc.
498 Seventh Ave., 9FL
New York, NY 10018

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

Dear Ms. Arloro:

In your letter dated February 27, 2006, you requested a classification ruling. Your samples are being retained by this office.

You submitted three samples of women’s chief weight cotton garments. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the horizontal direction. For purposes of Statistical Note 6 to Chapter 61, the stitch count of the three garments 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.

Style FVGQ2V is a sleeveless pullover that is constructed from 55% cotton, 45% acrylic, knit fabric. The garment features a U-neckline and a self-start bottom. The neckline and the armholes are finished with narrow crocheted trim. The garment meets the requirements of Statistical Note 6, Chapter 61 HTSUS.

Style FTPP9L is a cardigan that is constructed from 60% cotton, 40% rayon, knit fabric. The cardigan features a U-neckline, short sleeves with ribbed cuffs, a full front opening with 7 button closures, and a ribbed bottom. Decorative designs are stitched on the front panels. The placket fabric is not knit to shape. The garment does not meet the requirements of Statistical 6, Chapter 61, HTSUS.

Style FV8Q2N is a sleeveless pullover that is constructed from 55% cotton, 45% acrylic, knit fabric. The garment features a U-neckline finished with wide crocheted beaded trim and a scallop finished bottom. The wide crocheted trim, a component, is not knit to shape. The garment does not meet the requirements of statistical note 6, chapter 61, HTSUS.

The applicable subheading for style FVGQ2V will be 6110.20.2077, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted: of cotton: otherother: women’s: knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 16.5% ad valorem.

The applicable subheading for styles FV8Q2N and FTPP9L will be 6110.20.2079, HTSUS, which provides for pullovers, knitted: of cotton: otherother: women’s. 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/.

The three styles fall 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 R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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