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NY M83525




May 22, 2006

CLA-2-61:RR:NC:WA:359 NY M83525

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Ms. Mary E. Keller
Exel Global Logistics, Inc.
2151 Southpark Dr., Suite 1
Hebron, KY 41048

RE: The tariff classification of a woman’s knitted sweater from China – correction to NY ruling M82473.

Dear Ms. Keller:

This letter replaces the ruling letter we sent to you on May 8, 2006, under file number NY M82473. The purpose of this replacement letter is to correct a clerical error. The duty rate of 32%, for HTSUS number 6110.90.9042, shown on page #2, was incorrect. The correct duty rate should be 6%. A corrected ruling follows.

Your sample was returned in conjunction with the original request.

The submitted sample, Style #12F06-01 is a woman’s sweater constructed from 100% polyester woven fabric (sections of the two front panels), and 55% ramie, 45% cotton knit fabric (the back panels, sleeves, sides and collar). The garment features long sleeves, a stand-up collar, a full front opening with a zipper closure, and a tubular bottom. The outer surface of the knit fabric measures fewer than 9 stitches per 2 centimeters in the direction that the stitches were formed. The essential character of Style #12F06-01 is given by the knit fabric of the back panels, sleeves and sides and collar, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

In your ruling request, you recommended classification of the submitted garment under HTS 6211.43.0078. It is noted that Style #12F06-10 is constructed from knit fabric; thus, is provided for in 6110.

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 applicable subheading for the sweater, Style #12F06-10 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers and similar articles, knitted or crocheted, of man-made fibers, other, women’s or girls’, other. The rate of duty will be 6% ad valorem.

The sweater, Style #12F06-10 falls within textile category designation 845. 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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