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NY N021319




January 17, 2008

CLA-2-61:OT:RR:NC:N3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Marlene Collins
Liz Claiborne Inc.
One Claiborne Avenue
North Bergen, NJ 07047

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

Dear Ms. Collins:

In your letter dated December 21, 2007 you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style PFMU2137, is a woman’s cardigan that is constructed of a 60% cotton 40% nylon open work warp knit fabric with an inwrought design featuring a floral pattern. The front panels and back panel are lined with a translucent 100% cotton fabric. The cardigan features pieced construction at the front and back shoulder area, a rounded front neckline with a two-button closure at the upper portion of the full front opening, and a gathered effect across the bust area and across the upper back. Additional features include unlined short puff sleeves with an elasticized band sewn into the inner bottom hem, two patch pockets at the front waist area, and a hemmed garment bottom.

Based on construction and garment styling, style PFMU2137 is properly classified as an open-work warp knit cardigan of 6110, HTSUS. Therefore, your assertion for classification as a woven garment of Chapter 62, HTSUS, is not applicable.

The applicable subheading for the cardigan will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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