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NY N021839




February 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Wendy Klarman
American Cargo Express, Inc.
435 Division Street
Elizabeth, N.J. 07201

RE: The tariff classification of two women’s cardigans from China.

Dear Ms. Klarman:

In your letter dated January 10, 2008 you requested a classification ruling on behalf of your client Ecko Complex LLC. As requested, your samples are being returned to you.

Style 31004 is a woman’s short sleeve cardigan that is constructed from 95% cotton and 5% spandex French terry fabric consisting of the upper front and back panels, sleeves, hood and bottom trim. A ribbed knit fabric comprises the midriff area of the front and rear panels. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a hood with rib knit trim, short sleeves, a full front zippered opening, two pouch pockets at the lower bust area, and the phrase “Say M.E. Red” printed on the outer surface of the French terry fabric portion.

Style 33003 is a woman’s short sleeve cardigan that is constructed from 95% cotton and 5% spandex knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a drawstring hood, short raglan sleeves, a full front zippered opening, two front pockets at the waist, and a 5” rib knit banded bottom. The garment also has the phrase “Red by ME” printed on the two front panels.

The applicable subheading for styles 31004 and 33003 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s or girls’: other. The duty rate will be 16.5%.

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 numbers 31004 and 33003 fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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