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NY N016625




September 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Ms. Patricia M. Choo
Itochu International, Inc.
335 Madison Avenue
New York, NY 10017

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

Dear Ms. Choo:

In your letter dated August 30, 2007, on behalf of your subsidiary Itochu Prominent USA LLC, 1411 Broadway, 7th floor, New York, NY 10018, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style 73565, is a woman’s pullover simulating a knit vest worn over a woven shirt. The garment is constructed from 55% ramie, 25% cotton, 20% rayon diamond patterned knit fabric with sequin (front and back panels), and 100% polyester woven fabric (the notched lapel collar V-insert, the sleeves). 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 notched lapel collar with a 2 button V-neck opening, attached shoulder pads, long sleeves with one button cuffs and a ribbed bottom.

The essential character 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 6110.90.9090, HTSUS, which provides for sweaters, knitted: of other textile materials: otherother: women’s. The duty rate will be 6% 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 pullover falls within textile category 838. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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