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NY N004182




December 13, 2006

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Ruth Hayd
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of a woman’s cardigan from China. Correction to Ruling Number M87438

Dear Ms. Hayd:

This replaces Ruling Number M87438, dated November 16, 2006, which contained a mistake of fact and a typographical error. In your original request, you described the submitted garment as a bed jacket. You have clarified the marketing information in the subsequent submission; therefore the classification has been corrected. In addition, one of the style numbers was incorrect. A complete corrected ruling follows.

In your letter dated October 20, 2006, you requested a classification ruling. You sample is being returned as requested.

The submitted sample is a woman’s upper body garment imported under Styles MN7016 (Petite S-PXL), NN7016 (S-XL), and PN7016 (1X-3X), constructed from 60% nylon, 38% cotton, and 2% spandex knit fabric. The garment extends below the waist and features 3/4" sleeves, a ruffled collar, a full front opening with a tie closure, and a picot trimmed bottom. The garment has more than nine stitches per two centimeters in the direction the stitches were formed.

The applicable subheading for garment, Styles MN7016 (Petite S-PXL), NN7016 (S-XL), and PN7016 (1X-3X) will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’: Other. The rate of duty will be 32% 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 MN7016 (Petite S-PXL), NN7016 (S-XL), and PN7016 (1X-3X), fall within the textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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