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NY M85356




August 1, 2006

CLA-2-61:RR:NC:TA:359 M85356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Christine R. Marren
Charming Shoppes, Inc.
3750 State Road
Bensalem, PA 19020

RE: The tariff classification of two women’s cardigans from Hong Kong and other countries

Dear Ms. Marren:

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

The submitted samples, style numbers F2061 and F2100, are women’s cardigans that are constructed from 75% polyester, 25% cotton lightweight polar fleece fabric and cableknit fabric. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. Style F2061 features a drawstring hood, long cableknit sleeves, a full front opening with a zipper closure, cableknit kangaroo-style pockets, and a hemmed bottom. The hood and pockets are finished with Sherpa fabric.

Style F2100 features a drawstring hood, long sleeves with cableknit loose-fitting cuffs, a full front opening with a zipper closure, kangaroo style pockets, and a loose-fitting cableknit bottom. The hood and pockets are finished with ribbed fabric.

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

You suggest that the garments be considered as jackets in heading 6102, HTSUS. However, the cableknit sleeves and hemmed bottom of style F2061 and the loose-fitting sleeves and bottom of style F2100 preclude classification in heading 6102.

The applicable subheading for both cardigans will be 6110.30.3059, HTSUS, which provides for sweaters and similar articles, knitted: of man made fibers: otherother: women. The duty rate will be 32% 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 cardigans fall 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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