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NY N020116





December 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6204.69.9044

Ms. Bernadette Purcell
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of a woman’s cardigan and pants from China.

Dear Ms. Purcell:

In your letter dated November 20, 2007 you requested a classification ruling. As requested, your samples are being returned to you.

Style A76761 is made up of a cardigan and pants. The long sleeved cardigan is composed of knit and woven components. The front and back panels are constructed of 55% linen and 45% cotton knit fabric whose outer surface measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The sleeves and front and back panel bottom trim are constructed of 90% linen and 10% nylon woven fabric. The garment features a round front neckline and a full front opening with a snap closure. The essential character of the garment is imparted by the knitted fabric component in accordance with the General Rules of Interpretation (GRI 3(b)).

The pants of style A76761 are constructed from of 90% linen and 10% nylon woven fabric. The pants feature a lining, an elasticized waistband with a drawstring, and hemmed leg openings.

The applicable subheading for the cardigan of style A76761 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): of other textile materials (con): other: other: women’s or girls’. The duty rate will be 6 percent ad valorem.

The applicable subheading for the pants of style A76761 will be 6204.69.9044, 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) Trousers, bib and brace overalls, breeches and shorts: of other textile materials: other: other: trousers and breeches. The duty rate will be 2.8 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 of style A76761 falls within textile category designation 838; the pants of style A76761 fall within textile category designation 847. 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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