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NY N019949




December 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 6104.63.2011

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

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

Dear Mr. Mulvihill:

In your letter dated November 14, 2007, on behalf of your client Tribal Sportswear Inc., you requested a classification ruling. As requested, four of your samples are being returned to you.

Style number 52040-673 is a woman’s cut and sewn sleeveless pullover that is constructed from 85% nylon and 15% spandex knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a v-shaped front neckline, overlock stitching throughout the garment, the “Zen 101” logo on the lower left front panel, and a hemmed bottom.

Style number 52050-673 is a woman’s cut and sewn pullover that is constructed from 85% nylon and 15% spandex knitted fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment has a v-shaped front and back neckline, and the bust area has an inner lining with a halter extension. Additional features include over lock stitching throughout the garment, short hemmed sleeves, the “Zen 101” logo on the center back panel, and a hemmed bottom.

Style number 52080-673 is a woman’s cut and sewn pullover that is constructed from 85% nylon and 15% spandex knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a scoop front neckline, overlock stitching throughout the garment, short hemmed sleeves, the “Zen 101” logo on the center back panel, and a hemmed bottom.

Style number 52070-673 is a woman’s cut and sewn cardigan that is constructed from 85% nylon and 15% spandex knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a mock-neck collar, a full front zippered opening, over lock stitching throughout the garment, long hemmed sleeves, the “Zen 101” logo on the upper back panel, two pockets at the waist with zipper closures, and a hemmed bottom. We are retaining this garment for our files.

Style number 50990-673 is a woman’s pull-on pant that is constructed from 85% nylon and 15% spandex knit fabric. The pants have an elasticized waistband and long hemmed leg openings. The waistband has a contrasting color band.

The applicable subheading for styles 52040-673, 52050-673, 52080-673, and 52070-673 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: women’s or girls’: other. The duty rate will be 32 percent ad valorem.

The applicable subheading for style 50990-673 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: trousers and breeches: women’s: other. The duty rate will be 28.2 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 numbers 52040-673, 52050-673, 52080-673, and 52070-673 fall within textile category 639. Style number 50990-673 falls within textile category 648. 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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