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NY M86262




September 11, 2006

CLA-2-61:RR:NC:N3:359 M86262

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Gayle E. Williams
Sears Holding Corp.
Dept. 733IMP-A3-366B
3333 Beverly Road
Hoffman Estates, IL 60179

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

Dear Ms. Williams:

In your letter dated August 28, 2006, you requested a classification ruling.

The submitted sample, style WTHS07-8639, is a woman’s pullover with a detachable metal necklace. The pullover is cut and sewn and is constructed from 60 percent cotton and 40 percent polyester knit fabric. The pullover features short sleeves, a round neckline, a faux wrap front and a banded bottom. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

The pullover and the necklace are considered as a set. The essential character is imparted by the pullover, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, as noted.

The applicable subheading for the pullover 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: other: other: women’s or girls’: other. The duty rate will be 16.5 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/.

Style WTHS07-8639 falls within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. 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,

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