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NY N012619




July 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Ms. Patti Cordo
American Cargo Express
435 Division Street
Elizabeth, NJ 07201

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

Dear Ms. Cordo:

In your letter dated June 7, 2007, on behalf of Picked Fresh LLC, 1485 Broadway, New York, NY 11018, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style AHJ-7147, is a woman’s sweater that is constructed from 100% acrylic cable knit and jersey knit fabrics with a partial lining made from 65% acrylic, 35% polyester knit pile fabric at the front and back panels. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a drawstring hood with faux fur trim, long sleeves with turn back cuffs, a full front opening with 3 tab snap closures and a hemmed bottom. Decorative medal stud designs are on the front panels that spell “Apple Bottoms”. The placket and tab closures are finished with contrasting capping.

You suggest classification as a jacket in heading 6102, Harmonized Tariff Schedule of the United States (HTSUS). However, because of the cableknit sweater fabric, the garment is specifically provided for in heading 6110, HTSUS.

The applicable subheading for the sweater will be 6110.30.3020, HTSUS, which provides for sweaters, 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/.

The sweater falls within textile category 646. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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