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NY N015314




August 9, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2028; 6110.20.2079; 6110.30.3059; 6111.20.6020

Mr. Gordon Anderson
C.H. Robinson Worldwide, Inc.
Minneapolis International
14800 Charlson Road Suite 400
Eden Prairie, MN 55347-5048

RE: The tariff classification of apparel from China.

Dear Mr. Anderson:

In your letter dated August 1, 2007, on behalf of your client Fabri Tech Inc., you requested a tariff classification ruling. Six garments were submitted with your request. As requested, the samples will be returned to you.

Style EM6234H is an infant’s set. It consists of a sleeveless coverall with snap crotch and a long sleeve turtleneck pullover. Both items are made of finely knit 60% cotton, 40% polyester fabric. The overall has blanket stitching at the neck and leg openings, embroidery and appliqué work. The pullover has embroidery work at the turtleneck.

Style EM 6101 is described as a “Hot Pink Kids Hoodie”. It is a child’s polyester fleece upper body garment with long sleeves, a hood and a full front zipper opening. The item has decorative stitching around the perimeter, embroidery and appliqué work. It is designed to be worn as a layer piece over other garments.

The third sample is a woman’s finely knit cotton short sleeve pullover. The loose fitting garment has a screen print autumn leaf design with decorative glitter.

The fourth sample is two-piece ladies’ casual wear. It consists of a zip front cardigan and pull-on pants. The cardigan has a hood, long sleeves and hemmed fabric at the sleeves and waist. The pants have hemmed fabric at the leg openings and an elasticized waist with adjustable tunnel drawstring. Both pieces have screen print autumn leaf designs with decorative glitter. The garments are made of velour knit 80% cotton, 20% polyester fabric.

The applicable subheading for Style EM6234H will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, sets. The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for Style EM 6101 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, other, other, women’s or girls’, other. The rate of duty will be 32 percent ad valorem.

The applicable subheading for the woman’s finely knit cotton short sleeve pullover and zip front velour cardigan will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of cotton, other, other, women’s or girls’, other. The rate of duty will be 16.5 percent ad valorem.

The applicable subheading for the woman’s pull-on style velour pants will be 6104.62.2028, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, and shorts, knitted or crocheted, of cotton, other, trousers and breeches, women’s, other. The rate of duty will be 14.9 percent 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/.

Style EM6234H falls within textile category 239. Style EM 6101 falls within textile category 639. The woman’s finely knit cotton short sleeve pullover and zip front velour cardigan fall within textile category 339. The woman’s pull-on style velour pants fall within textile category 348. 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. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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