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NY N021201




January 22, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3014; 6110.30.3059; 6110.20.2079

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

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

Dear Mr. Mulvhill:

In your letter dated December 19, 2007, on behalf of Tribal Sportswear of Montreal, Quebec, Canada, you requested a classification ruling. You submitted four samples that are being returned as requested.

Style 5649o-928 is a sleeveless jumper that is constructed from 68% rayon, 27% nylon, 5% spandex knit fabric. The garment extends to the knee area and features shoulder straps with non-functional buttons, a scoop neckline, oversized armholes, and a hemmed bottom.

Style 5685o-928 is a woman’s cardigan that is constructed from 68% rayon, 27% nylon, 5% spandex, knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The cardigan features a pointed collar, ¾ length sleeves with wide banded cuffs, a full front opening with 2 button closures in the chest area, 2 front vertical inset pockets in the waist area, and a hemmed bottom.

Style 5634o-784 is a woman’s pullover that is constructed from 58% cotton, 38% modal, 4% spandex knit fabric. The outer surface of the knit fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a square neckline embellished with decorative stones and sequin, long hemmed sleeves, an attached tie belt at the waist, and a hemmed bottom.

Style 5441o-784 is a woman’s pullover that is constructed from 58% cotton, 38% modal, 4% spandex knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a U-neckline embellished with decorative beads, long hemmed sleeves, and a hemmed bottom. Decorative stitching is on the shoulder and chest areas.

The applicable subheading for style 5649o-928, the jumper, will be 6114.30.3014, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted: of man made fibers: other: jumpers: other. The duty rate will be 14.9% ad valorem.

The applicable subheading for style 5685o-928, the cardigan, will be 6110.30.3059, HTSUS, which provides for sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for styles 5441o-784 and 5634o-784, the two pullovers, will be 6110.20.2079, HTSUS, which provides for pullovers, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% 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 5649o-928, the jumper, falls within textile category 659. Style 5685o-928, the cardigan, falls in category 639. Styles 5441o-784 and 5634o-784, the two pullovers, fall in category 339. 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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