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NY N002977




December 1, 2006

CLA-2-61:RR:NC:TA:359 N002977

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Melissa Fox
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s garment from China.

Dear Ms.Fox:

In your letter dated November 2, 2006, you requested a classification ruling on behalf of Leonard Feinberg, Inc. The provided samples will be returned as per your request.

Style 3510 is a women’s cut and sewn cardigan constructed of a 100% cotton French terry fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The cardigan features short sleeves, a hood, a full front opening with a zipper closure, a loose-fitting ribbed waistband, and two front pockets.

Style 3460 is a women’s cut and sewn cardigan constructed of a printed 80% cotton 20% polyester knitted fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The cardigan features short sleeves, a hood with a drawstring, a full front opening with a zipper closure, a loose-fitting ribbed waistband, and two front pockets.

The applicable subheading for Styles 3510 and 3460 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaterand similar articles, knitted or crocheted: of cotton: otherother: other: women’s: other. 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/.

Styles 3510 and 3460 fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

In order to classify styles 3580, 3490, and 3480 we require additional information. Please provide samples of these garments in a women’s size medium. Additionally, please provide the size specifications for the entire range of sizes in which these garments will be available. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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