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NY N016670




September 26, 2007

CLA-2-61:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
Attorneys At Law
55 West 39th Street
New York, NY 10018

RE: The tariff classification of two women’s knitted garments from China.

Dear Ms. Kelly-Kobayashi:

In your letter dated August 31, 2007 you requested a classification ruling on behalf of Chica Bonita Inc. As requested, your samples are being returned to you.

Style number 1542 is a woman’s cardigan that is constructed from 95% cotton and 5% spandex light weight jersey fabric. The outer surface of the cardigan measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a v-shaped neckline, a hood, a full front zippered opening, long hemmed sleeves, patch pockets at the waist, a multi-shaped print design on the upper front panels, and a straight garment bottom.

Style number 1675 is a woman’s pullover that is constructed from 100% cotton finely knitted ribbed knit fabric. The outer surface of the pullover measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a hood, a partial front opening with eight button closures, long sleeves with rib knit cuffs, a print design on the upper left front panel, and a straight garment bottom.

You asserted classification as jackets for both garments. However, as discussed, based on construction and styling both styles are properly classified as garments of 6110, HTSUS.

The applicable subheading for both garments will be 6110.20.2079, 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: other: women’s or girls’: other. 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 cardigan and pullover fall within textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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