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NY N009332




April 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 6110.30.3020; 6110.20.2079

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

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

Dear Ms. Giasson:

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

The submitted sample, style AEL-01-07, is a woman’s sleeveless pullover that is constructed from 91% polyester, 9% elastane 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 cross over upper front that forms a V-neckline, a modified racer back, a back pocket on the bottom left, and a hemmed bottom. The back pocket precludes classification in heading 6109, Harmonized Tariff Schedule of the United States (HTSUS).

The submitted sample, style ASL-40-07, is a woman’s pullover style sweater that is constructed from 54% acrylic, 17% cotton, 15% nylon, 13% mohair, 1% spandex knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features a ribbed turtleneck, long sleeves with ribbed cuffs, and a ribbed bottom with a 2 button partial opening on the front right side. The garment has a 2 button logo on the bottom left.

The submitted sample, style ASL-54-07, is a woman’s pullover that is constructed from 73% cotton, 23% polyester, 4% elastane 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 drawstring hood, a V-neckline, 2 side vents, 2 front patch pockets below the waist, long sleeves with set in cuffs, and a raw edge bottom. A design with a “LOLE” logo is on the back. There are raw edge seams throughout the garment.

The applicable subheading for style AEL-01-07 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable HTSUS subheading for style ASL-40-07 will be 6110.30.3020, which provides for sweaters, knitted: of man made fibers: otherother: sweaters: women’s. The duty rate will be 32% ad valorem.

The applicable HTSUS subheading for style ASL-54-07 will be 6110.20.2079, which provides for pullovers, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% 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 AEL-01-07 falls within textile category 639. Style ASL-40-07 falls in category 646. Style ASL-54-07 falls in 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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