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NY N011846




June 21, 2007

CLA-2:RR:NC:TA:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Michael Skidmore
103 Greenleaf Street
Quincy, MA 02169

Dear Mr. Skidmore:

In your letter dated May 21, 2007, you requested a classification ruling on behalf of Johnny Appleseed’s Inc. The provided samples are being returned as per your request.

Style A01736 is a women’s long sleeve 100% boiled wool cardigan. The garment has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The garment features a zippered full front opening and a mock collar. Floral embroidery is found on the upper portion of the front panels, the rear neckline, and on the lower sleeves area. A flatlock stitch finish is found on the collar, zipper opening, the sleeve endings, and the garment bottom. You asserted classification as a sweater. However, based on the stitch count the garment is properly classified as a cardigan under 6110.11.0080, HTSUS.

The applicable subheading for the cardigan will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Women’s or girls’. The rate of duty will be 16%.

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 number A01736 falls within textile category 438. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

We are returning your request for a classification ruling on Styles A06658, A06657 and A06669, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling.

The fabric of the submitted garment appears to contain metallic yarns. Yarns containing a metallized fiber are considered to be an “other” fiber. Therefore, in order to determine the classification of the garment please provide the following:

The number of different yarns used in the fabric of the garment The fiber content of each yarn
The number of plies in each yarn
The relative weight by percentage of each of the yarns that comprise the fabric The overall fiber content of the garment

A deconstructed garment of style A06621 was submitted to this office. We require a sample of the garment both in its completed condition and in its unassembled condition. A deconstructed garment is not suitable for our purposes. As the classification of styles A06621, A06658, A06657 and A06669 requires that a determination be made whether the garments are knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), please submit all of the component pieces of the garments in the condition as it comes off the knitting machine with no waste yarns removed nor any other treatment of the component pieces, such as, adding a stitch to prevent unraveling. The pieces must be ready for assembly without further cutting or manufacture. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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
National Commodity Specialist Division

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