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NY N009259





April 27, 2007

CLA-2-61:RR:NC:WA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010, 6110.30.3059, 6104.33.2000

Ms. Joan Studeny
GHY USA Inc.
572 South Fifth Street
Pembina, North Dakota
58271

RE: The tariff classification of five women’s garments from Canada

Dear Ms. Studeny:

In your undated letter you requested a classification ruling on behalf of your client JMJ Fashions Inc.

Style 8182 is a woman’s blouse constructed of 92 percent polyester 8 percent spandex knit fabric. The garment has long hemmed sleeves and extends below the waist. It features a full front opening with a zipper closure, a collar with a V neckline, shoulder pads and a hemmed bottom. The garment has at least 10 or more stitches per linear centimeter measured in both directions.

Style 8181 is a woman’s blouse constructed of 95 percent polyester 5 percent spandex knit fabric. The garment has long hemmed sleeves and extends below the waist. It features a full front opening with a zipper closure, a collar with a V neckline, shoulder pads and a hemmed bottom. The garment has at least 10 or more stitches per linear centimeter measured in both directions.

Style 8183 is a woman’s blouse constructed of 95 percent polyester 5 percent spandex knit fabric. The garment has long hemmed sleeves and extends below the waist. It features a full front opening with a zipper closure, a banded scoop neckline, shoulder pads and a hemmed bottom. The garment has at least 10 or more stitches per linear centimeter measured in both directions.

Style 8188 is a woman’s zippered cardigan constructed of cut and sewn 80 percent acrylic 20 percent wool knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment is lined and has long hemmed sleeves and extends below the waist. It features a full front opening with a zipper closure, a collar with a V neckline, and a hemmed bottom.

Style 8133 is a woman’s tailored suit-type jacket constructed of 52 percent nylon 40 percent polyester 8 percent spandex knit fabric. The garment is fully lined and has long hemmed sleeves and extends below the waist. It features a full front opening with a two button closure, a notched lapel collar, shoulder pads and a hemmed bottom. The garment is constructed of eight panels, exclusive of sleeves and collar, sewn lengthwise. Four of the panels are at the front.

We are returning your samples as you requested.

The applicable subheading for style 8182, 8181 and 8183 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% ad valorem.

The applicable subheading for style 8188 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: Other: Women’s: Other. The duty rate will be 32% ad valorem.

The applicable subheading for style 8133 will be 6104.33.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s suit-type jackets, knitted or crocheted : Of synthetic fibers: Other. The duty rate will be 28.2% 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 8182, 8181, 8183 and 8188 fall within textile category 639. Style 8133 falls within textile category 635. 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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