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NY N003064




December 1, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Laureen Sterling
FedEx Trade Networks
205 West Service Road
Champlain, NY 12919

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

Dear Ms. Sterling:

In your letter dated November 1, 2006, you requested a classification ruling on behalf of RD International Style Collections Ltd. Your sample is being returned as requested.

Style 38S096 is a women’s cardigan constructed from 60% cotton and 40% acrylic knitted fabric. The garment has a shawl collar, cap sleeves and a belt that is attached on either side of the garment and inserted in an opening on the right side of the garment and then tied. The outer surface of the garment measures more than nine stitches per two centimeters, but less than or equal to eighteen stitches per two centimeters in the direction that the stitches are formed. The component forming the belt was not submitted, therefore, we offer no comment on its knit to shape status. The component pieces forming the shawl collar were excessively trimmed to produce the curved shape of the collar, and they were sewn by means of overcast stitching to the body panels of the garment, in addition to being looped to those panels. This stitching serves to reinforce the seam. Such a process is only allowed at the shoulder seams. The garment does not meet the requirements of statistical note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for style 38S096 will be 6110.20.2079, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: Women’s: other. The rate of duty will be 16.5%.

Style 38S096 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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