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NY M84791




July 19, 2006

CLA-2-61:RR:NC:WA:361 NY M84791

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.19.0030; 6114.10.0070; 6114.30.3070

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

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

Dear Ms. Fox:

In your letter dated June 29, 2006, you requested a classification ruling for three women’s knit garments on behalf of Ann Taylor, Inc. The submitted samples will be returned to you, as requested.

Style 27-147895 is a woman’s garment that is intended to be worn draped around the neck, covering a portion of the back. The garment is constructed from 55 percent wool, 40 percent acrylic, and five percent cashmere knit fabric. The garment has armholes on both sides, and a self-finished edge decorated with beading. The garment provides essentially no front coverage.

Style 14-148368 is a woman’s garment that is intended to be worn draped around the neck, covering a portion of the back. The garment is constructed from 35 percent viscose, 30 percent wool, 25 percent nylon, and ten percent cashmere. The garment has sleeves created by buttoning the top and bottom edges, and self-finished edges. The garment provides essentially no front coverage.

Style 14-146038 is a woman’s knit cardigan constructed from 48 percent mohair, 31 percent nylon, nine percent wool, eight percent polyester, and four percent other fiber. The hip-length cardigan has a full front opening without a means of closure and long sleeves. The cardigan is considered a sweater, based on Chapter 61, statistical note 3 which states: For purposes of this chapter, statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, the outer surfaces of which are constructed essentially with 9 or fewer stitches per 2 centimeters measured in the direction the stitches were formed, and garments, known as sweaters, where, due to their construction, the stitches on the outer surface cannot be counted in the direction the stitches were formed. The garment is considered a sweater although the stitches on the outer surface cannot be counted in the direction that the stitches were formed.

The applicable subheading for style 14-146038 will be 6110.19.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweatersknitted or crocheted: Of wool or fine animal hair: Other: Sweaters: Women’s. The duty rate will be 16% ad valorem.

The applicable subheading for style 27-147895 will be 6114.10.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of wool or fine animal hair: Other: women’s or girls’. The duty rate will be 12% ad valorem.

The applicable subheading for style 14-148368 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: women’s or girls’. The duty rate will be 14.9% 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 14-146038 falls within textile category designation 446; style 27-147895 falls within textile category designation 459; style 14-148368 falls within textile category designation 659. 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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