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NY N010507




May 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053; 6110.30.3059

Ms. Jennifer Scott
Expeditors International
21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of a man’s cardigan and a woman’s cardigan from China.

Dear Ms. Scott:

In your letter dated April 25, 2007, on behalf of Ex Officio LLC, 3314 South 116th Street, Tukwila, WA 98168, you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style 1072-0750, is a man’s cardigan that is constructed from 100% polyester knit fabric that is brushed on the inner surface. 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, long hemmed sleeves, a full front opening with a zipper closure, 2 front side entry pockets in the waist area, a zippered pocket on the left sleeve, and a hemmed bottom. This garment does not qualify as a jacket because it has no tightening at the cuffs and the bottom.

The submitted sample, style 2072-0729, is a woman’s cardigan that is constructed from 100% polyester knit fabric that is brushed on the inner surface. 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, long hemmed sleeves, a full front opening with a zipper closure, 2 front side entry pockets in the waist area, a zippered pocket on the left sleeve, and a hemmed bottom. This garment does not qualify as a jacket because it has no tightening at the cuffs and the bottom.

The applicable subheading for style 1072-0750 will be 6110.30.3053, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, knitted: of man made fibers: otherother: men’s. The duty rate will be 32% ad valorem.

The applicable HTSUS subheading for style 62072-0729 will be 6110.30.3059, which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% 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 1072-0750 falls within textile category 638. Style 62072-0729 falls in category 639. 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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