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NY N014465




August 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Ms. Jeannine Greener
Eddie Bauer
P.O. Box 97000
Redmond, WA 98073-9700

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

Dear Ms. Greener:

In your letter dated July 12, 2007, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, item number 045-1955(regular)/045-1956 petite)/ 045-1957(tall)/045-1958(plus), is a woman’s sweater that is constructed from 75% polyester, 25% nylon chenille knit fabric. The outer surface of the fabric measures less than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a mock collar, long sleeves with loose fitting ribbed cuffs, a full front opening with a zipper closure, 2 front patch pockets at the waist, and a loose fitting ribbed bottom. The collar and pockets are finished with ribbed fabric.

Although you have described the garment as sleepwear, based upon its appearance, it seems to be capable of multiple uses. As such, and in the absence of persuasive information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear in heading 6108, Harmonized Tariff Schedule of the United States (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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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