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NY M87308




November 22, 2006

CLA-2-61:RR:NC:TA:359 M87308

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Mr. Jack Macken
Tompkins & Davidson
5 Hanover Square, 15th Floor
New York, NY 10004

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

Dear Mr. Macken:

In your letter dated October 30, 2006, on behalf of Item Eyes, Inc., 463 Seventh Avenue, NY, NY 10018, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number M40193G, is a woman’s pullover that is constructed from 95% cotton, 5% spandex knit fabric (the body) and 100% cotton woven fabric (the collar, the sleeves, the bottom). The garment simulates a sleeveless knit pullover worn over a woven shirt. The outer surface of the knit fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a pointed collar with a V-neck opening (Johnny collar), short hemmed sleeves, and a hemmed woven bottom with a front slit. The bottom of the knit portion is hemmed.

The essential character of the pullover is given by the knit fabric, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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