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NY M86047




August 24, 2006

CLA-2-61:RR:NC:N3:359 M86047

William Sun
WTS Customs Brokerage Co., Inc.
8901 S. La Cienega Boulevard
Suite 110
Inglewood, CA 90301-4401

RE: Correction of Style Number

Dear Mr. Sun:

This replaces Ruling Number M85160, dated August 9, 2006, which contained an incorrect style number. A complete corrected ruling follows:

In your letter dated July 18, 2006, you requested a classification ruling on behalf of Ultimate Apparel, Inc.

Submitted sample, S70S3151, is a woman’s sweater composed of two different fabrics. The upper portion is constructed from 100% cotton crochet and the lower portion is constructed from 100% cotton jersey knit fabric. The garment features a V-neckline, 2-¼ inch wide shoulder straps and a square back neckline. The garment has a woven ribbon drawstring at the waist. The lower portion features a rolled bottom. The crocheted component pieces do not meet HTSUS Chapter 61, Statistical Note 6 requirements. The essential character of this garment is imparted by the crochet component.

Submitted sample, S70S3219, is a woman’s cardigan constructed from 100% cotton knit fabric. The garment features long sleeves with ribbed cuffs and lace trim, a round neckline, a full front opening secured by four buttons, lace placket and a ribbed bottom with lace trim. The Raschel knit front placket does not meet HTSUS Chapter 61, Statistical Note 6 requirements.

Statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, the outer surfaces of which are constructed essentially with 9 or fewer stitches per 2 centimeters measured in the direction the stitches were formed, and garments, known as sweaters, where, due to their construction, the stitches on the outer surface cannot be counted in the direction the stitches were formed.

Submitted sample, style S70S3220, is a woman’s top constructed from 100% cotton jersey knit fabric. The garment features a shaped front neckline, 1-inch wide lace shoulder straps and a ribbed bottom.

The applicable subheading for the styles S70S3151 and S70S3219 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts waistcoats (vests) and similar articles, knitted or crocheted: of cotton: women’ or girls’: other. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for style S7053220 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of cotton: tops: women’s or girls’. The duty rate will be 12 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/.

All styles fall 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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