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NY M83770





June 22, 2006

CLA-2-61:RR:NC:WA:361 NY M83770

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080; 6114.30.1020

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of two women’s upper body garments from China.

Dear Ms. Fox:

In your letter dated May 23, 2006, you requested a classification ruling for two women’s knit garments on behalf of Ann Taylor, Inc. The submitted samples will be returned to you, as requested.

Style 148823 is a woman’s cardigan-like wrap garment constructed from 100 percent wool knit fabric. The sleeveless garment extends below the waist and has a full front opening without a closure, slits for the arms and a self-finished bottom. The fabric of the garment has more than nine stitches per two centimeters in the direction the stitches were formed.

Style 148120 is a woman’s knit top constructed from 90 percent polyester and ten percent spandex knit velour fabric. The fully lined top has a full front opening with a tie closure, short sleeves and woven fabric finishing the neckline, opening and bottom. The garment does not reach the waist.

The applicable subheading for style 148823 will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweatersand similar articles, knitted or crocheted: Of wool: Other: Women’s or girls’. The duty rate will be 16% ad valorem.

The applicable subheading for style 148120 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.2% 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/.

Style 148823 falls within textile category designation 438; style 148120 falls within textile category designation 639. 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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