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NY N012778




July 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a woman’s upper body garment from China.

Dear Ms. Fox:

In your letter dated June 12, 2007, on behalf of Jones Apparel Group, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style 21BB6340A8, is a woman’s pullover garment that simulates a deep V-neck knit cardigan with long sleeves, 3 non-functional buttons in the waist area, and a ribbed bottom, worn over a woven blouse. It is constructed from 64% rayon, 36% nylon knit fabric (the front, the back, the sleeves) and 100% silk woven fabric (the collar, the neckline area, the sleeve cuffs, the bottom). The outer surface of the knit fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a pointed collar, a V-neckline with a 2 button partial opening, long sleeves with buttoned cuffs, and a sewn on woven bottom with a 2 button opening.

The essential character of the garment is imparted by the knit fabric, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the pullover will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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