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NY N013006




July 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079; 6106.10.0010

Mr. Andre Ryu
Wicked Fashion, Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of three women’s knit garments from China.

Dear Mr. Ryu:

In your letter dated June 12, 2007, you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style 8123-1504, is a woman’s pullover that is constructed from 80% cotton, 20% polyester knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a hood, long sleeves with ribbed cuffs, a V-neckline, a front kangaroo pocket at the waist, and a ribbed bottom. “South Pole” is embroidered on the upper left front. Vertical net knit inserts that extend from the shoulders to the cuffs are on the sleeves. The hood and pocket are finished with ribbed fabric.

The submitted sample, style 8123-1543, is a woman’s shirt that is constructed from 80% cotton, 20% polyester knit fabric. The outer surface of the fabric measures more than 10 stitches per linear centimeter in both the vertical and horizontal directions. The shirt features a drawstring hood, short sleeves with ribbed cuffs, a full front opening with a zipper closure, and a hemmed bottom. “South Pole” is embroidered on the upper left front panel.

The submitted sample, style 8123-1534, is a woman’s cardigan that is constructed from 80% cotton, 20% polyester knit fabric. 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 that extends into a deep V-neckline, short sleeves with ribbed cuffs, a full front opening with a zipper closure, front kangaroo style pockets at the waist with non-functional buttons, and a ribbed bottom. “South Pole” is embroidered on the upper left front panel. The hood, neckline and sleeves are finished with ribbed fabric.

The applicable subheading for styles 8123-1504 and 8123-1534 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% ad valorem.

The applicable HTSUS subheading for style 8123-1543 will be 6106.10.0010, which provides for women’s shirts, knitted: of cotton: women’s. The duty rate will be 19.7% 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/.

Styles 8123-1504, 8123-1534 and 8123-1504 fall within textile category 339. 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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