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NY M83132




June 2, 2006

CLA-2-61:RR:NC:N3:359 NY M83132

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079; 6109.10.0060

Ms. Joan Studeny
Ghy USA, Inc.
Customs Broker/Trade
572 South Fifth Street
Pembina, ND 58271

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

Dear Ms. Studeny:

In your letter dated May 31, 2006, on behalf of your client Western Glove Works, you requested a classification ruling. Your samples are being returned as requested.

Following is a description of four samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: SL4101 (Composed of two separate garments tacked together at the left shoulder). The two garments may be easily detached from each other without damage to either one. They are therefore classified as separate garments. Garment Description: The first garment of Style SL4101 is a sleeveless pullover constructed from 100% cotton knit fabric. The garment features a U-shaped neckline and a hemmed bottom. The second garment of Style SL4101 is a long sleeve pullover constructed from 100% cotton knit fabric. The garment features a U-shaped neckline and a hemmed bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: more than 18 stitches Component Construction: Both garments are cut and sewn. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: SL4102
Garment Description: A pullover constructed from 100% cotton knit fabric. The garment is sleeves and features a V-shaped neckline, gathers at the bust area, and a hemmed bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: more than 18 stitches Component Construction: The garment is cut and sewn HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: SL4103 (Composed of two separate garments tacked together at the left shoulder). The two garments may be easily detached from each other without damage to either one. They are therefore classified as separate garments. Garment Description: The first garment of Style SL41013is a short sleeve pullover constructed from 100% cotton knit fabric. The garment features a U-shaped neckline and a hemmed bottom. The second garment of Style SL4101 is a racer back tank top constructed from 100% cotton knit fabric. The garment extends below the waist and features a U-shaped neckline in front, shoulder straps measuring less than 2 inches in width, and a hemmed bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. (Pullover) HTSUS Chapter 61 Statistical Note 6 Stitch Count: more than 18 stitches (The pullover) Component Construction: The garment is cut and sewn. HTSUS Number: 6110.20.2079
Textile Category Number: 339
HTSUS Number: 6109.10.0060 (Tank top)
Textile Category Number: 339

Style Number: SL4104
Garment Description: A long sleeve layered look pullover constructed from 100% cotton knit fabric. The garment is features a U-shaped neckline, beads on the upper front panel, and a hemmed bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: more than 18 stitches Component Construction: The garment is cut and sewn HTSUS Number: 6110.20.2079
Textile Category Number: 339

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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