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NY M81696




March 16, 2006

CLA-2-61:RR:NC:N3:359 M81696

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6110.20.2079

Ms. Tonya Whiteis
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

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

Dear Ms. Whiteis:

In your letter dated February 27, 2006, you requested a classification ruling.

You submitted two samples of garments that will be returned as you have requested.

Style 127177-FA ’06 is a women’s jacket made of 80% cotton and 20% polyester finely knit fleece fabric. The garment features a full front zippered opening, a mock turtleneck collar, front pouch pockets, ribbed cuffs and a close fitting ribbed waistband.

Style 128168-FA ’06 is a women’s cardigan made of 80% cotton and 20% polyester finely knit fleece fabric. The garment features a full front zippered opening, a hood, front pouch pockets, ribbed cuffs and a loosely fitted knit waistband.

You suggested that both garments be classified as jackets under heading 6102, Harmonized Tariff Schedule of the United States (HTSUS). Style 128168-FA ’06 does not have a waistband that is fitted and therefore, does not qualify for treatment under that heading.

The applicable subheading for style 127177-FA 06 will be 6102.20.0010, HTSUS, which provides for Women’s or girls’ overcoatswindbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of cotton: Women’s. The duty rate will be 15.9% ad valorem.

The applicable subheading for style 128168-FA ’06 will be 6110.20.2079, HTSUS which provides for Women’s or girls’ sweaters, pulloversand 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 127177-FA ‘06 falls within textile category designation 335. Style 128168-FA ’06 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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