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NY N005507




February 12, 2007

CLA-2-61:RR:NC:N3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. John McManus
ITOCHU International Inc.
335 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a woman’s knitted sweater from China

Dear Mr. McManus:

In your letter dated January 11, 2007 you requested a classification ruling filed on behalf of ITOCHU Prominent USA LLC. Your sample is being returned as requested.

The submitted sample, style number SO-14B, is a woman’s knitted sweater simulating a vest with a v-shaped front neckline and a 6 button front opening worn over a shirt. The garment is constructed from 55% ramie and 45% cotton knitted fabric (the two front panels and the back panel) and 55% cotton and 45% polyester woven fabric (the collar and sleeves). The outer surface of the knit portion measures less than 9 stitches per 2 centimeters in the horizontal direction. The sweater features a pointed woven collar with two button closures in the neckline area and long woven sleeves with turned slit cuffs. The garment has a ribbed knit bottom, and the neckline and armholes are finished with ribbed fabric. The essential character of the garment is imparted by the knitted fabric portion.

The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted or crocheted: of other textile materials: other: sweaters for women: other: other: other. The duty rate will be 6% 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 sweater falls within textile category 845. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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