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NY N020741





December 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. David Webber
Shadow Industries Inc. d/b/a J Shadow Apparel
21609 N. 12th Avenue, Suite 200
Phoenix, AZ 85027

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

Dear Mr. Webber:

In your letter received December 11, 2007 you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style CHNCA, is a woman’s sweater that is constructed from 100% polyester chenille jersey knitted fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The garment features a mock collar, long sleeves with loose fitting cuffs, a full front opening with a zipper closure, two inset side pockets at the waist area, and a loose fitting bottom. Style CHNCA was identified as a jacket, however, the garment lacks the requisite tightening at the bottom and sleeves to warrant classification as such. The garment is properly classified as a sweater under 6110, HTSUS.

The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of man-made fibers (con): other: other: sweaters: 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/.

The sweater falls within textile category 646. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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