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NY M87737




October 26, 2006

CLA-2-61:RR:NC:TA:359 M87737

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057; 6114.20.0010

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt
Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of women’s knit wearing apparel from China

Dear Ms. Cumins:

This letter replaces New York Ruling letter M87000 that was issued to you on October 16, 2006. In your letter dated October 24, 2006 you state that a part of the description and the fiber content for style 7536 was omitted. Please see correction below.

In your letter dated October 4, 2006, on behalf of Hing Fat Inc., 3713 San Gabriel River Parkway, Pico Rivera, CA, you requested a classification ruling. Your samples and components are being returned as requested.

The submitted samples, styles 8970 and M602-434, are women’s pullovers that are constructed from chief weight man made fiber knit fabric. The outer surface of the fabrics measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction that the stitches were formed. The garments are knit to shape and meet the requirements of Statistical Note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

Style 8970 is constructed from 54% nylon, 46% rayon, knit fabric. The pullover features a V-neck, ¾ length sleeves, a self-start bottom, and decorative beads and sequins around and below the front neckline and on the sleeve cuffs.

Style M602-434 is constructed from 50% rayon, 40% cotton, 10% nylon, knit fabric. The pullover features a ribbed cowl collar, a self-fabric insert at the front neckline, long sleeves with overlapping cuffs, and a self-start bottom.

Style 7536 is a top that is constructed from 75% cotton, 25% rayon knit fabric. The top features ¾ length sleeves and a full front opening with no means of closure. The neckline, placket, sleeve endings, and the bottom are finished with openwork knit fabric. This garment is classified as a top in heading 6114, HTSUS, because there is not enough front coverage at the bottom of the garment. The applicable subheading for the two pullovers will be 6110.30.3057, HTSUS, which provides for pullovers, knitted: of man made fibers: otherother: women’s: knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 32% ad valorem.

The applicable subheading for the top will be 6114.20.0010, HTSUS, which provides for other garments, knitted: of cotton: tops: women’s. The duty rate will be 10.8% 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/.

Styles 8970 and M602-434 fall within textile category 639. Style 7536 falls in 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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