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NY N020999




December 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

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

RE: The tariff classification of two woman’s sweaters from China.

Dear Mr. Mulvihill:

In your letter dated December 13, 2007 you requested a classification ruling on behalf of your client Tribal Sportswear of Montreal. As requested, your samples are being returned to you.

Style 54420-820 is a woman’s sweater that is constructed from 100% acrylic openwork knitted fabric. The garment features a wrap-styled v-shaped front neckline and long sleeves. Capping is found at the neckline and sleeves. The garment bottom has a scalloped finish.

Style 56290-922 is a woman’s sleeveless sweater that is constructed from 78% acrylic and 22% nylon knit 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 2x2 rib knit shawl collar, a v-shaped front neckline, and a 2x2 rib knit garment bottom. The arm openings are finished with a self-fabric 2x2 rib knit capping.

We are unable to process your submission for the remaining styles, as component pieces of the garments were not supplied for review. As the classification of the garments (styles 55410-849, 55830-835, & 55550-835) require that a determination be made whether the garments are knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), submit a finished production garment sample for each style and all of the component pieces of the garments in the condition as taken from the knitting machine with the waste yarns, and in condition ready for assembly without further treatment such as adding a stitch to prevent unraveling. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces. Please note, deconstructed garment component pieces are not acceptable for our purposes.

The applicable subheading for the sweaters 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 sweaters fall 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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