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NY N023203




March 4, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 6110.20.2079; 6110.30.1560

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

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

Dear Mr. Mulvihill:

In your letter dated February 6, 2008, on behalf of Tribal Sportswear of Montreal, Quebec, Canada, you requested a classification ruling. You submitted five samples that are being returned as requested.

Style 5571o-582 is a woman’s pullover that is constructed from 94% rayon, 6% 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 V-neckline, long sleeves with a 5 button cuff, 6 non-functional buttons below the neckline, and a hemmed bottom.

Style 5562o-626 is a woman’s cardigan that is constructed from 100% cotton knit fabric that is napped on the inside surface. 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 rib knit mock collar, long sleeves with rib knit cuffs, a full front opening with a 10 button closure, 2 front one button flap pockets at the waist, and a hemmed bottom.

Style 5566o-627 is a woman’s pullover that is constructed from 35% cotton, 35% rayon, 15% acrylic, 10% nylon, 5% angora 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 garment features a V-neckline, long sleeves with rib knit cuffs, and a ribbed bottom. A self-fabric belt has been inserted into a belt tunnel (drawstring) at the waist. The self-fabric belt component does not have a self-start bottom. It has been cut and a yarn has been inserted to prevent unraveling at both ends. The garment does not qualify as a knit to shape garment under Chapter 61 Statistical Note 6.

Style 5508o-629 is a woman’s cardigan that extends below the waist and is constructed from 70% acrylic, 30% wool 1x1 rib knit fabric. The outer surface of fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The cardigan features a shawl scallop ribbed collar that extends to the waist, long sleeves with ribbed scallop cuffs, and a full front opening with a hook closure. The front panels and the back panel do not have self-start bottoms. The garment does not qualify as a knit to shape garment under Chapter 61 Statistical Note 6.

Style 5444o-635 is a woman’s pullover that is constructed from 95% rayon, 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 garment features 2 front cross-over panels in the chest area that form a V-neckline, long hemmed sleeves, and a hemmed bottom. The cross-over panels are constructed from a decorative novelty knit fabric.

The applicable subheading for styles 5571o-582, 5566o-627, and 5444o-635, the pullovers, will be 6110.30.3059, Harmonized Schedule of the United States, HTSUS, which provides for pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for style 5562o-626, the cardigan, will be 6110.20.2079, HTSUS, which provides for sweatersand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for style 5508o-629, the cardigan, will be 6110.30.1560, HTSUS, which provides for sweatersand similar articles, knitted: of man made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: other: women’s. The duty rate will be 17% 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 5571o-582, 5566o-627 and 5444o-635, the pullovers, fall within category 639. Style 5562o-626, the cardigan, falls in category 339. Style 5508o-629, the cardigan, falls in category 438. 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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