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NY N020441




December 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6110.30.3059

Mr. Anthony LoPresti
S.J. Stile Associates LTD
181 South Franklin Ave.
Valley Stream, NY 11581

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

Dear Mr. LoPresti:

In your letter dated October 22, 2007, on behalf of FYC Apparel Group LLC, 30 Thompson Road, Branford, CT 06405, you requested a classification ruling. Your sample is being returned.

The submitted sample, style 6759, is a woman’s two piece garment comprised of a 95% polyester, 5% spandex openwork crocheted sweater (the outer garment) and a 100% rayon sleeveless knit pullover (the inner garment). The two garments are not permanently attached at the shoulders and are considered as two separate garments. The outer surface of the fabric of the pullover measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a deep V-neckline, short sleeves, and side slits. The pullover features a wide U-neckline and a hemmed bottom.

The applicable subheading for style 6759, the sweater, will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable HTSUS subheading for style 6759, the pullover, will be 6110.30.3059, which provides for pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% 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 6759, the sweater, falls within textile category 646. Style 6759, the pullover, falls in category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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