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NY N016925




October 4, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6110.20.2020

Ms. Darlene Irish
Talbots Import, LLC
1 Talbots Drive
Hingham, MA 02043

RE: The tariff classification of three women’s sweaters from China.

Dear Ms. Irish:

In your letter dated September 10, 2007, you requested a classification ruling on three garments that will be sold through J. Jill’s catalog and retail stores. Your samples are being returned as requested.

The submitted sample, style 81-3106, is a woman’s cardigan style sweater that is constructed from 55% linen, 45% cotton knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features a round neckline, ¾ inch sleeves, a full front opening with a 5 button ribbed placket, and a ribbed bottom.

Style 81-3044 is a woman’s tank top style sleeveless sweater that is constructed from 100% cotton reverse jersey knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features 1 ½ inch wide shoulder straps, a U-neckline, a partial front opening with 3 button closures, and a capped bottom.

Style 81-3045 is a woman’s cardigan style sweater that is constructed from 100% cotton novelty knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features a deep V-neckline, ¾ inch sleeves, a full front opening with 4 button closures, and a capped bottom.

The applicable subheading for style 81-3106 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women or girls: other. The duty rate will be 6% ad valorem.

The applicable subheading for styles 81-3044 and 81-3045 will be 6110.20.2020, which provides for sweaters, knitted: of cotton: other: sweaters: women’s. The duty rate will be 16.5% 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 81-3106 falls within textile category 845. Styles 81-3044 and 81-3045 fall in 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. 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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