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NY M85492




August 09, 2006

CLA-2-61:RR:NC:TA:359 M85492

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Mr. Robert T. Stack
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a woman’s pullover from China

Dear Mr. Stack:

In your letter dated July 24, 2006, on behalf of Avon Products Inc., 1251 Avenue of the Americas, New York, NY 10020-1196, you requested a classification ruling. Your sample is being retained for official purposes.

The submitted sample, style number PP#358509, is a woman’s cut and sewn sleeveless pullover that is constructed from 90% cotton, 10% spandex knit fabric with a permanently attached spaghetti strap shelf-bra. The shelf-bra is constructed from 92% cotton, 8% spandex (the front) and 82% nylon, 18% spandex mesh fabric (the back). Knit inserts are on the front and back of the garment. 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 mock collar, a partial front opening with a zipper closure, a center back pocket in the waist area, and a hemmed bottom.

The applicable subheading for the pullover will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% 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 pullover falls 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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