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NY N025152




April 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9082

Ms. Maria Lopez
H.L.M. Cargo Clearance Brokers
8373 NW 74 Street
Miami, FL 33166

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

Dear Ms. Lopez:

In your letter dated January 22, 2008 you requested a classification ruling on behalf of Tail Active Sportswear Inc. As requested, your samples are being returned to you.

Style 29A-825, is a woman’s sleeveless cardigan with front panels constructed of a 54% nylon and 46% polyester woven fabric lined with a woven fabric and non-woven filling and a 4-inch banded bottom made of a 2x2 ribbed knit fabric. The complete back panel is constructed of a continuous 50% silk, 20% polyester, 18% cotton, and 12% nylon 2x2 ribbed knit fabric that measures more than nine stitches per two centimeters counted in the horizontal direction. The garment extends to the waist. The cardigan features a 2x2 ribbed knit stand-up collar, 2x2 ribbed knit fabric trim at the armholes, a full front zippered opening, and two front zippered pockets at the waist. The essential character of the garment is imparted by the ribbed knit fabric.

Style X9D-915, is a woman’s long sleeve cardigan with front panels constructed of a 50% silk, 20% polyester, 18% cotton, and 12%nylon 2x2 ribbed knit fabric (inserts at either side of the lower front panels) and a 54% nylon and 46% polyester woven fabric lined with a woven fabric and non-woven filling (the remainder of the front panels). The long sleeves and complete back panel are constructed of a continuous 50% silk, 20% polyester, 18% cotton, and 12%nylon 2x2 ribbed knit fabric that measures more than nine stitches per two centimeters counted in the horizontal direction. The garment extends to the waist. The cardigan features a 2x2 ribbed knit stand-up collar, a full front zippered opening, and two front zippered pockets at the waist. The essential character of the garment is imparted by the ribbed knit fabric.

The applicable subheading for styles 29A-825 and X9D-915 will be 6110.90.9082, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: subject to man-made fiber restraints: women’s or girls’: other. The duty rate will be 6%.

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 cardigans fall within textile category 639. 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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