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NY N003190




November 30, 2006

CLA-2-61:RR:NC:TA:359 N003190

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

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

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

Dear Ms. Fox:

In your letter dated November 9, 2006, you requested a tariff classification ruling on behalf of Ann Taylor, Inc. The provided sample will be returned as per your request.

Style 12-155430 is a women’s long sleeve cardigan constructed of a 56% silk 24% nylon 20% cotton knitted fabric that is ribbed knit at the rounded neckband, bottom band, and cuffs. The outer surface of the knitted fabric measures more than nine stitches per two centimeters in the direction the stitches were formed. The cardigan features a 9 button full front opening and a woven silk fabric overlay at the front. The essential character is imparted by the knit fabric of the garment.

The applicable subheading for the garment will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be 6 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/.

The garment falls within textile category 838. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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