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NY N022792




February 6, 2008

CLA-2-61:OT:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 6104.63.2028

Mr. James C. Alberdi
A.J. Arango, Inc.
1516 East 8th Avenue
Tampa, FL 33605

RE: The tariff classification of girls’ garments from China.

Dear Mr. Alberdi:

This ruling replaces N021802, dated January 17, 2008. That ruling issued on behalf of your client DDW Distribution Company contained a clerical error with regard to the tariff classification of the upper body garment. The samples were previously returned to you. A corrected ruling follows.

The submitted sample is a girl’s two piece knitwear set. The sample, which has no style number, consists of an upper body garment and a pair of pants. Both garments are constructed from 65% polyester, 35% cotton knit fabric. The “hoodie” style upper garment contains more than 9 stitches per two centimeters measured in the direction in which the stitches are formed. The item features a hood, long sleeves with rib-knit cuffs, a full front opening with zipper closure, a kangaroo pocket and a hemmed bottom with side vents. The pants feature an enclosed elasticized waist, side slash pockets and hemmed bottoms.

The applicable subheading for the upper body garment will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers, other, other: other: women’s or girls’: other. The rate of duty will be 32 percent ad valorem.

The applicable subheading for the pants will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: trousers, bib and brace overalls: of synthetic fibers: other: other, trousers and breeches: girls’: other: other. The duty rate will be 28.2 percent 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 upper body garment falls within textile category 639. The pants fall within textile category 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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