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NY N009552




April 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Ms. Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Ave, 9th Floor
New York, N.Y. 10018

RE: The tariff classification of women’s garment from China- correction to ruling N008291.

Dear Ms. Gong:

This letter replaces the ruling letter we sent to you on April 5, 2007, under file number N008291. The purpose of this replacement letter is to correct clerical errors. The classification, and category number shown on pages #1 and 2 are incorrect. The errors have now been corrected.

In your letter dated March 13, 2007 you requested a classification ruling. As requested, your samples are being returned to you.

Style LDS8VA is a women’s cap sleeve pullover. The upper portion is made of a crochet fabric constructed of 55% ramie and 45% rayon. The lower portion is made of a jersey fabric constructed of 62% polyester 33% rayon and 5% spandex. The outer surface of the crochet fabric measures 9 or fewer stitches per 2 centimeters in the direction in which the stitches were formed. The outer surface of the jersey fabric measures more than 9 stitches per 2 centimeters in the direction in which the stitches were formed. The pullover has a v-shaped neckline, a crochet tie above the waist, and a hemmed bottom.

The garment is a composite good consisting of crocheted fabric and jersey fabric components. Neither the crocheted nor the jersey portion imparts the essential character of the garment. In accordance with General Rule of Interpretation (GRI) 3(c) of the Harmonized Tariff Schedule of the United States, when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the subheading which occurs last in numerical order among those which equally merit consideration in determining their classification. As such, the garment is classifiable under subheading 6110.90.9042, HTSUS.

The applicable subheading for the pullover will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s or girls’. The duty rate will be 6%.

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 pullover falls within textile category 845. 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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