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NY M81876





April 11, 2006

CLA-2-61:RR:NC:N3:359 M81876

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Ivonne Clayton
Dress Barn
30 Dunnigan Drive
Suffern, NY 10901

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

Dear Ms. Clayton:

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

You submitted a sample of a women’s knit cardigan identified by style number 83123. The component pieces of the garment were also submitted. This office will return your samples as you have requested.

Style 83123 is a women’s knit cardigan made of 63% rayon and 37% nylon knit fabric. The garment features long sleeves, a jewel neckline and a full front opening secured by a hook and eye loop at the neckline. The outer surface of the garment 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 front panels have self start bottoms, self finished sides, full fashion marks at the armholes and clear and continuous lines of demarcation around the neckline and at the front of the panel. The back panels have self start bottoms, self finished sides, full fashion marks at the armholes, and a clear and continuous line of demarcation at the neckline. The sleeves have self finished bottoms and sides, and full fashion marks at the armholes. The neckline and front placket components have self start bottoms, self finished sides and are knit to length. Reinforcement tapes are sewn into the already linked shoulder seams. All of these components are considered knit to shape; the garment is entirely assembled by linking and looping.

The applicable subheading for style 83123 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.

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 83123 falls 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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