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NY N007124




March 15, 2007

CLA-2-61:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6110.20.2079; 6110.30.3059

Ms. Kathleen Root
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of four women’s knitted garments from China and Peru.

Dear Ms. Root:

In your letter dated February 15, 2007, on behalf of your client Sugartown Worldwide, Inc., 800 Third Avenue, King of Prussia, PA 19406, you requested a classification ruling. As requested, your samples are being returned to you.

Style number 65953 is a short - sleeved woman’s blouse that is constructed from 93% rayon and 7% spandex knitted fabric. The garment features a wrap style front, an inside button and a tie closure.

Style number 65502 is a woman’s cut and sewn pullover that is constructed from 100% cotton ribbed knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a V-shaped neckline, short hemmed sleeves and a hemmed bottom.

Style number 65943 is a woman’s cut & sewn pullover that is constructed from 93% rayon and 7% spandex knitted fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features shoulder straps approximately 1-1/2 inches wide, a gathered bust area with a simulated drawstring belt below the bust and a hemmed bottom.

The applicable subheading for style 65953 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted: of man-made fibers: other: women’s. The duty rate will be 32%.

The applicable subheading for style 65502 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: women’s or girls’: other. The duty rate will be 16.5%.

The applicable subheading for style 65943 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: other: other: other: women’s or girls’: other. The duty rate will be 32%.

With regard to style 65965, a woman’s top with a built in shelf bra, this office is precluded from providing a classification ruling. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, §177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.

Beginning June, 2005, the issue of the classification of an upper body garment with a shelf bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling would be inconsistent with 19 C.F.R. §177.7(b). Therefore, the above referenced file is hereby administratively closed.

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 numbers 65953 and 65943 fall within textile category 639. Style number 65502 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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