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NY M83553




June 16, 2006

CLA-2-61:RR:NC:WA:361 NY M83553

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006; 6104.62.2011; 6104.62.2030; 6110.20.2079

Ms. June Gu
Golden Horse Enterprise (NY), Inc.
488 Seventh Avenue, Suite, 8J/K
New York, NY 10018

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

Dear Ms. Gu:

In your letter dated May 18, 2006, you requested a tariff classification ruling for four women’s garments.

The submitted samples are described as follows:

Style #189 – A pair of women’s pants constructed from 90% cotton, and 10% spandex knit fabric. The pull-on pants feature a wide elasticized waistband, and hemmed leg openings. The garment also has crocheted trim extending vertically down the sides of both legs, and across the top of the rear pocket.

Style #185 – A pair of women’s pants constructed from100% cotton knit fabric. The pull-on pants feature an elasticized waistband and hemmed leg openings.

Style #236 – A pair of women’s shorts constructed from 95% cotton, and 5% spandex knit fabric. The pull-on shorts feature a wide waistband with a drawstring, slits at both sides, and hemmed leg openings.

Style #128 – A woman’s pullover constructed from 100% cotton rib knit fabric. The garment features a round neckline, short sleeves and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed.

We are returning your samples as you requested.

The applicable subheading for Style #189 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s:Containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 14.9% ad valorem.

The applicable subheading for Style #185 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of cotton, other, trousers and breeches, women’s, other. The rate of duty will be 14.9% ad valorem.

The applicable subheading for Style #236 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of cotton, other, shorts, women’s. The rate of duty will be 14.9% ad valorem.

The applicable subheading for Style #128 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, women’s or girls’, other. The rate of duty 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/.

Styles 189, 185, and 236 fall within textile category designation 348. Style 128 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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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