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NY M85195




August 09, 2006

CLA-2-61:RR:NC:TA:359 M85195

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.12.1060

Ms. Rita Pitts
Dillard’s Inc.
1600 Cantrell
Little Rock, Arkansas 72201

RE: The tariff classification of a two women’s pullovers from China

Dear Ms. Pitts:

In your letter dated 20, 2006, you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style numberF61SP234, is a woman’s pullover with a faux wrap style front. The garment is constructed from 100% cashmere 3x3 rib knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a V-neckline with a permanently attached 100% silk woven placket that has a pointed collar and 4 button closures. It also features long sleeves with ribbed cuffs and a ribbed bottom.

The submitted sample, style F61SP615, is a woman’s pullover that is constructed from 100% cashmere knit fabric with a 100% silk woven pointed collar and V-neck placket. The outer surface of the pullover measures more than stitches per 2 centimeters in the direction that the stitches were formed. The pullover features long sleeves with 5 decorative non-functional buttons at the opening, side slits, and a tubular hemmed bottom.

The essential character of both garments is given by the knit fabric, Harmonized Tariff Schedule of the United States (HTSUS), Rules of Interpretation (GRI) Rule 3, noted.

The applicable subheading for both pullovers will be 6110.12.1060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of wool or fine animal hair: of Kashmere (cashmere goats): wholly of cashmere: other: women’s. The duty rate will be 4% 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 two pullovers fall within textile category designation 446. 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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