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NY M85803




August 31, 2006

CLA-2-62:RR:NC:N3:361 M85803

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0015

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law
399 Park Avenue – 25th Floor
New York, NY 10022-4877

RE: The tariff classification a woman’s knit garment from China.

Dear Ms. Schaeffer:

In your letter dated August 10, 2006, you requested a tariff classification ruling for a woman’s knit garment on behalf of Ann Taylor, Inc. The submitted style will be returned to you as requested.

The submitted item, style 155160A is a woman’s jumper constructed from 100 percent cotton knit fabric. The jumper has a deep, wide, V neckline that extends to the waist, short sleeves, and a tubular knit bottom.

You indicated that the garment should be classified as a dress in heading 6104. The submitted garment does not provide sufficient coverage to be worn without another upper body garment, a requirement of a dress. Therefore, the garment is classified in heading 6114 as a jumper.

The applicable subheading for style 6s829 will be 6114.20.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: jumpers. The rate of duty will be 10.8 percent 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 jumper falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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