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NY N011809




June 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2020

Mr. Mark Bonvissuto
D. Hauser, Inc.
One Cross Island Plaza, Suite 310
Rosedale, NY 11422

RE: The tariff classification of a woman’s sweater from China.

Dear Mr. Bonvissuto:

In your letter dated May 21, 2007, on behalf of your client Rafaella Apparel Group Inc., you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style REF5041, is a woman’s long sleeve pullover sweater that is constructed from two different 100% cotton fabrics. The front panel (except for the ribbed finish bottom) and hood are constructed of a double knit fabric, the outer surface of which measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The back panel (except for the ribbed finish bottom) and sleeves (except for the ribbed knit cuffs) are constructed of a jersey fabric, the outer surface of which measures more than nine stitches per two centimeters in the direction the stitches were formed. The garment features a v-shaped front neckline with a three button closure. The essential character is imparted by the double knit fabric of the front panel and hood, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the sweater will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of cotton (con): other: other: sweaters: 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/.

The sweater falls within textile category 345. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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