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NY M83750





May 30, 2006

CLA-2-61:RR:NC:TA:358 M83750

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Abigail Mugrage
Abercrombie & Fitch
P.O. Box 182168
Columbus, OH 43218

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

Dear Ms. Mugrage:

This ruling replaces NY M82334, dated May 12, 2006, which contained a clerical error with regard to the fabric stitch count. A corrected ruling follows.

Submitted style 2R0845 is a long sleeve hooded cardigan with full front opening that is secured by five plastic buttons. The garment is manufactured essentially from jersey knit cotton fabric measuring approximately twelve stitches per two centimeters counted in the direction the fabric is formed. This office for reference purposes has retained the submitted garment and its accompanying component parts.

You have proposed classification in tariff provision 6110.20.2077, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ knit to shape articles described in statistical note 6 to this chapter. This tariff provision is not applicable because the lining component is not knit to shape, the back panel component lacks adequate lines of demarcation at the top, there is a woven inner placket component and the hood panel components are not knit to shape because of waste fabric at the panel top and bottom.

The applicable subheading for style 2R0845 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers and similar articles, knitted or crocheted, of cotton, other, other, women’s or girls’, other. The duty rate will be 16.5 per cent 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/.

The cardigan 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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