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NY M82757





May 15, 2006

CLA-2-61:RR:NC:TA:359 M82757

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Christine R. Marren
Charming Shoppes
Corporate Exchange
3750 State Road
Bensalem, PA 19020

RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6

Dear Ms. Marren:

In your letter dated April 2006, you requested a classification ruling. The submitted samples will be returned to you as requested.

Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: 301-3611-00
Garment Description: 55% acrylic, 45% cotton cardigan with ¾ length sleeves, a round neckline and a full front zippered opening HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: Placket facing not knit to shape, back panel show partial lines of demarcation. Garment is not knit to shape. HTSUS Number: 6110.30.3059
Textile Category Number: 639

Style Number: 301-3535-00
Garment Description: Neckband is missing, cannot issue a ruling on this style

Style Number: 301-3612-00
Garment Description: 100% acrylic pullover with ¾ length sleeves, a V-neckline, HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: Back panel has partial lines of demarcation. Garment is not knit to shape. HTSUS Number: 6110.30.3059
Textile Category Number: 639

Style Number: 301-3645-00
Garment Description: 100% acrylic cardigan with long sleeves, a round neckline and a full front opening secured by nine buttons HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: Placket panel not knit to shape, back panel has partial lines of demarcation, front panel has partial lines of demarcation, does not go through rib knit. Garment is not knit to shape, HTSUS Number: 6110.30.3059
Textile Category Number: 639

Style Number: 220-5925-00
Garment Description: 63% acrylic, 33 % nylon 4% spandex cowl-neck pullover with long sleeves, crochet trim at sleeve edges and hem HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: Crochet sleeve ends components are not knit to shape. Garment is not knit to shape, HTSUS Number: 6110.30.3059
Textile Category Number: 639

To view the tariff language and current duty rates that correspond to these HTSUS provisions, please refer to the text of the most recent HTSUS, which is available on the World Wide Web at http://www.usitc.gov/tata/hts/.

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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