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NY M84858





July 20, 2006

CLA-2-61:RR:NC:TA:359 M84858

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of ladies’ knitwear from China

Dear Mr. Ortiz:

This letter is being issued to replace NY ruling M84146, dated June 20, 2006, which contained a misstatement of the reason why the garments were classified as they were. The garments had capping, but the capping was not knit to shape and therefore, the garments were disqualified from consideration under statistical note 6 to Chapter 61. The letter with the correct rationale follows:

In your letter dated June 8, 2006 you requested a classification ruling.

Submitted style 57106, manufactured from jersey fabric of 100% cotton, is characterized by long sleeves, a hood, a pocket at the lower portion of each of the fronts, and a full-front, zippered opening.

Submitted style 57110, manufactured from jersey fabric of 60% cotton/40% acrylic, is a cap-sleeved pullover, styled with a wide, loosely fitted, turtleneck.

As you have requested, the sample garments and their accompanying component parts are being returned.

Because the capping on both garments was not knit to shape, the applicable subheading for both styles will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted, of cotton, other, other, other, women’s, 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/.

Both styles fall 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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