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NY N025142





April 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Gayle Williams
Sears Holding Corp.
Department 733IMP – A3 – 366B
3333 Beverly Road
Hoffman Estates, IL 60179

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

Dear Ms. Williams:

In your letter dated March 18, 2008 you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style LH8EN3447MI, is a woman’s cardigan that is constructed from 100% cotton knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. On the attached hangtag, style LH8EN3447MI is referred to as a lounge garment. The garment features a v-shaped neckline with a contrasting color placket, a full front opening with a button closure, long sleeves, a self-fabric belt with belt loops, and a straight garment bottom. No component pieces were submitted, however, a Chapter 61 Statistical Note 6 knit to shape review was based on the completed garment. The belt 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.

The applicable subheading for the cardigan 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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