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NY M85870




September 12, 2006

CLA-2-61:RR:NC:TA:359 M85870

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.20.2079

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Int’l. Airport Center
Suite 250
Jamaica, NY 11413

RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6

Dear Ms. Beckford:

In your letter dated August 17, 2006 you requested a classification ruling on behalf of Nautica Women’s Sportswear. The submitted samples will be returned to you as requested.

Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: 64S201
Garment Description: V-neck, sleeveless pullover constructed from 59% cotton, 39% rayon, 2% metallic fibers with a ribbed bottom. The metallic fibers appear to be in a separate yarn constituting a minor portion of the garment’s surface area. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: All components are knit to shape and assembled by linking and looping. Garment is knit to shape. HTSUS Number: 6110.20.2077
Textile Category Number: 339

Style Number: 64S202
Garment Description: Long sleeved cardigan constructed from 59% cotton, 39% rayon and 2% metallic fibers. Garment has a V-neckline and a full front opening secured by five buttons and a ribbed bottom and cuffs. The metallic fibers appear to be in a separate yarn constituting a minor portion of the garment’s surface area. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: The placket, while having a self-start bottom and self-finished sides, is not knit to shape. In length the component piece exceeds the length of the placket on the finished garment by more than two feet. It is not knit to shape. Garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

To view the tariff language and current duty rates that correspond to these HTSUS provisions, please refer to the text of the most recent HTSUS, which is available on the World Wide Web at http://www.usitc.gov/tata/hts/.

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). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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