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NY N006879




March 8, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9082

Samuel Focarino
Comet Customs Brokers Inc.
420 West Merrick Road
Valley Stream, NY 11580

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

Dear Mr. Focarino:

In your letter dated February 9, 2007, on behalf of Charter Ventures LLC, you requested a classification ruling. Your sample is being returned as requested.

Style number 13310, is a woman’s long sleeve knit cardigan constructed from an overall fiber content of 62% rayon 38% copper. For purposes of Statistical Note 3 to Chapter 61, the outer surface fabric stitch count is over 9 stitches per 2 centimeters in the direction that the stitches were formed. For purposes of Statistical Note 6 to Chapter 61, the stitch count is equal to or less than 18 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed. The garment features a full front opening with no means of closure, and a self fabric placket at the garment opening that extends around the neck. The submitted placket component does not have a self start bottom, it is cut. We were unable to comment on the sleeve components since the submitted components did not match the garment. Therefore, the garment does not meet the requirements of statistical note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS). The garment is not knit to shape.

Upon examination we find the fabric is knitted from one twisted 3 ply yarn. In accordance with Section XI Note 2, yarns containing metalized fibers are treated as a single textile material; therefore, the fabric is considered to be of other fibers.

The applicable subheading for the cardigan will be 6110.90.9082, 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: subject to man made fiber restraints: women’s: 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 cardigan 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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