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NY N006009




February 13, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010

Ms. Mary Bailey
Sears Holdings Corporation
3333 Beverly Road
Hoffman, Estates, IL 60192

RE: The tariff classification of a girl’s top from various countries.

Dear Ms. Bailey:

In your letter dated January 22, 2007, you requested a tariff classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style GF7TH1006A-B is a girl’s garment constructed of French terry knit fabric that is 95% cotton, 5% spandex. The item features a hood, a full frontal opening with a zipper closure, long sleeves with rib-knit cuffs, faux pockets and a rib-knit bottom. The garment does not reach the vicinity of the waist. The item is imported in girl’s sizes 6X to 16.

You state in your letter that the article is a ladies’ dress. Based on a telephone conversation between Paul Choe of your office and Bruce Kirschner of our office it is determined that the “article” is a girl’s jumper and pullover and not a ladies’ dress.

The applicable subheading for style GF7TH1006A-B will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of cotton, tops, women’s or girls’. The rate of duty will be 10.8 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/.

Style GF7TH1006A-B 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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