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NY N009172




April 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Karine Giasson
Coalision Inc.
619 Le Breton
Longueuil, Quebec, Canada J4G 1R9

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

Dear Ms. Giasson:

In your letter dated March 26, 2007, you requested a classification ruling. As requested, your samples are being returned to you.

All three garments are women’s pullovers constructed from 95% cotton and 5% spandex knit fabric. The outer surface of the fabric for all three styles measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

Style number ASL-39-07 features a mandarin collar, a v-shaped neckline, long set-in hemmed sleeves, a flocking pattern on the left sleeve, and a hemmed bottom.

Style number ATL-37-07 features a v-neckline, long set-in sleeves, and has a layered raw edge finish at the sleeves, neckline and bottom.

Your suggested classification for styles ASL-39-07 and ATL-37-07 under 6109, HTSUS, is not applicable as ladies pullovers are provided for under 6110, HTSUS.

Style number ASL-30-07 features a v-neckline with a beaded appliqué on the front panel, long set-in sleeves with gathered elasticized stitching at the bottom, and a two inch self-fabric bottom band with four horizontal rows of elasticized stitching.

The applicable subheading for all three styles 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%.

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/.

All threes style numbers 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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