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NY N009750




May 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1520

Mr. John Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25 Floor
NY, NY 10022-4877

RE: The tariff classification of a sweater from various countries.

Dear Mr. Schoenig:

In your letter dated April 11, 2007, you requested a classification ruling on behalf of Warnaco Inc. The provided sample is being returned as per your request.

Style WF37N20 is a women’s sweater that is constructed from 58% acrylic 25% wool 17% polyester knit fabric. The outer surface of the fabric of the garment measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features a full front opening with no means of closure, a shawl collar, long sleeves, and a curved bottom. The garment extends to below the waist at the front and to the upper thigh area at the garment back.

Style WF37N20 provides sufficient coverage of the upper body to warrant classification as a garment within heading 6110, HTSUS. Therefore, your suggested classification within heading 6114, HTSUS is not applicable.

The applicable subheading for the garment will be 6110.30.1520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pulloversknittedof man-made fibers, other, sweaters, women’sThe duty rate will be 17 percent 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 garment falls within textile category 446. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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