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NY N015574




August 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2020

Mr. David R. McCauley bebe studio, inc.
400 Valley Drive
Brisbane, CA 94005

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

Dear Mr. McCauley:

In your letter dated August 8, 2007, you requested a classification ruling. The provided sample is being returned.

Style S95041029200 is a women’s empire waist styled sweater that is constructed of a 55% cotton 35% nylon 10% angora knitted fabric. The outer surface of the sweater measures fewer than nine stitches per two centimeters in the direction that the stitches were formed. The sweater extends from the shoulders to the upper thigh area. The sweater features a full front opening with three exposed buttons at the upper garment and four metal snaps sewn at the inside placket on the lower garment portion. The last metal snap is sewn four inches from the straight garment bottom. Additional features include a rounded front neckline, ¾-length sleeves with flared bottoms, a patch pocket on the lower portion of both front panels, and a rolled finished edge at the bottom of the garment and the sleeves.

You refer to the sweater as a dress. However, for modesty purposes the garment does not provide sufficient coverage based on the garment length and exposure at lower front opening. The garment is properly classified as a sweater specifically provided for under 6110, HTSUS.

The applicable subheading for the garment will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: sweaters: women’s. The duty rate will be 16.5 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/.

The garment falls within textile category 345. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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