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NY N009170




April 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079; 6106.10.0010

Ms. Karine Glasson
Coalision, Inc.
102 Kimball Avenue Unit 12
South Burlington, VT 05403

RE: The tariff classification of three women’s knit garments from China.

Dear Ms. Glasson:

In your letter dated March 27, 2007 you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style ASL-56-07, is a woman’s pullover that is constructed from 96% cotton, 2% polyester, 2% spandex novelty knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a pointed collar, long sleeves, a front partial placket opening, side slits and a straight bottom. The collar, sleeve cuffs, the under placket, and the side slits are finished with 100% cotton jersey knit fabric. This garment is precluded from heading 6106, Harmonized Tariff Schedule of the United states (HTSUS) because the placket has no closure.

The submitted sample, style ASL-57-07, is a woman’s wrap blouse that is constructed from 96% cotton, 2% polyester, 2% spandex novelty knit fabric. The outer surface of the fabric measures more than 10 stitches per linear centimeter in both the horizontal and vertical directions. The garment features long sleeves, right over left front panels with a self fabric tie belt closure at the waist, and a straight bottom. The wrap panels form a V-neckline. The neckline and placket area are finished with jersey knit fabric.

The submitted sample, style ASL-59-07, is a woman’s pullover that is constructed from 73% cotton, 23% polyester, 4% elastane knit fabric that is napped on the inside surface. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a V-neck, long sleeves with self fabric cuffs, 2 front slant inset pockets at the waist, and a hemmed bottom.

The applicable subheading for styles ASL-56-07 and ASL-59-07, the pullovers, will be 6110.20.2079, HTSUS, which provides for pullovers, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for style ASL-57-07, the blouse, will be 6106.10.0010, which provides for women’s blouses and shirts, knitted: of cotton: women’s. The duty rate will be 19.7% 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 three garments fall 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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