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NY N021001





January 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.202020; 6110.30.3059; 6110.30.3020

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

RE: The tariff classification of five women’s knit garments from China.

Dear Mr. Mulvihill:

In your letter dated December 13, 2007, on behalf of Tribal Sportswear of Montreal, Quebec, Canada, you requested a classification ruling. You submitted five samples that are being returned as requested.

Styles 56040-600, 55190-848, 54950-600 and 54470-829 are women’s sweaters that are constructed from knit fabrics. The outer surface of the fabrics measure 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed.

Style 56040-600 is constructed from 87% cotton, 9% nylon, 3% polyester, 1% spandex knit fabric. The sweater features a ribbed pointed collar, long sleeves with ribbed cuffs, a partial front opening with 3 snap button closures, and a ribbed bottom.

Style 55190-848 is constructed from 100% cotton cable knit fabric. The sweater features a turn down ribbed collar, short sleeves, and a full front opening with a 1 button ribbed placket.

Style 54950-600 is a sleeveless sweater that is constructed from 87% cotton, 9% nylon, 3% polyester, 1% spandex reverse jersey knit fabric with a diamond patterned design. The sweater features a U-neckline and a ribbed bottom. The neckline and armholes are finished with ribbed fabric.

Style 55840-835 is a sleeveless pullover that is constructed from 72% rayon, 28% nylon knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The pullover features a ribbed mock collar and a ribbed bottom. No component pieces were submitted, however, a knit to shape review was based on the completed garment. The armhole cappings do not have self-start bottoms.

Style 54470-829 is a sleeveless sweater that extends to the thigh area and is constructed from 49% acrylic, 20% cotton, 15% nylon, 15% mohair, 1% spandex knit fabric. The sweater features a ribbed shawl-like collar, a full front opening and a ribbed bottom. The collar, armholes and placket are finished with ribbed fabric. The garment has ribbed fabric in the waist area. That ribbed fabric extends in the front into a tie closure.

The applicable subheading for styles 56040-600, 55190-848 and 54950-600, the sweaters, will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of cotton: other: women’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for style 55840-835, the pullover, will be 6110.30.3059, HTSUS, which provides for pullovers, knitted: of cotton: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for style 54470-829, the sweater, will be 6110.30.3020, HTSUS, which provides for sweaters, knitted: of man made fibers: other: 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/.

Styles 56040-600, 55190-848 and 54950-600, the sweaters, fall within textile category 345. Style 55840-835, the pullover, falls in category 639. Style 54470-829, the sweater, falls in 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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