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NY N003766




December 12, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

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

Dear Ms. Fox:

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

In your letter dated November 22, 2006, you requested a classification ruling on behalf of Jones Apparel Group. We are returning your sample as per your request.

Style H21A219168 is a women’s pullover constructed from 55% rayon and 45% nylon knit fabric. The garment has a v-neck with beading trim, long sleeves and a tubular bottom. 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. Tubular capping component pieces for the neckline and side slit were submitted for review. However, the garment has a mitered v-neck capping that has been cut to shape and the side slit capping was formed from a continuous knit strip without a self-start bottom. All components were not knit to shape; the garment does not qualify as a knit to shape garment. Therefore, 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 H21A219168 will be 6110.30.3059, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man made fibers: other: other: other: Women’s: other. The rate of duty will be 32%.

Style H21A219168 falls within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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