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NY N020735





December 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1060; 6104.32.0000

Ms. Carolyn Malina
Lands’ End, Inc.
2 Lands’ End Lane
Location #22-290
Dodgeville, WI 53595

RE: The tariff classification of a woman’s cardigan and a woman’s suit-type jacket from China.

Dear Ms. Malina:

In your letter dated December 6, 2007 you requested a classification ruling. As requested, your samples are being returned to you.

Style number 192792 is a woman’s milano double knit cardigan that is constructed from 100% silk knitted fabric. The outer surface of the cardigan measures more than nine stitches per two centimeters in the direction that the stitches were formed. The loose fitting garment features a notched-lapel collar, a full front opening with three button closures, long sleeves, and two patch pockets at the front waist area. Jersey capping (lacks a self-start bottom) is found on the lapel collar, down the front opening, and on the garment bottom.

Style number 243908 is a woman’s suit-type jacket which extends to the waist. The garment is constructed from 100% cotton knitted fabric. The garment has two front panels and one back panel that are sewn together lengthwise. The suit-type jacket features a notched-lapel collar, long sleeves with two button vented cuffs, a full front opening with three button closures, and two front inset pockets. The collar, sleeve vents, and the top of the pockets are finished with capping.

The applicable subheading for the cardigan of style 192792 will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of other textile materials: containing seventy percent or more by weight of silk or silk waste: other: women’s or girls. The duty rate will be 0.9 percent ad valorem.

The applicable subheading for the suit-type jacket of style 243908 will be 6104.32.0000, 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: suit-type jackets and blazers: of cotton. The duty rate will be 14.9 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 192792 falls within textile category designation 739; the suit-type jacket of style 243908 falls within textile category designation 335. 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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