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NY N025297




April 17, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6104.43.2010

Mr. Anthony LoPresti
S.J. Stile Associates LTD.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s sweater and a woman’s dress from China.

Dear Mr. LoPresti:

In your letter dated March 20, 2008 you requested a classification ruling on behalf of your client FYC Apparel Group LLC. As requested, your samples are being returned to you.

Style number 7433 is a woman’s sweater that is constructed from 59% acrylic, 26% nylon, and 15% wool 1x1 rib knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The garment features a stand-up collar, a full front opening with five snap button closures above the waist, long bell sleeves with a jersey finish bottom, and a jersey finish at the garment bottom. The sweater extends from the shoulders to the knee area.

Style number 7584 is a woman’s pull-on dress that is constructed from 80% acrylic, 15% nylon, and 5% spandex knit fabric. The upper portion of the dress is constructed of a 2x2 rib knit fabric and the lower portion of the dress from the waist to the tubular straight bottom is made of a 1x1 rib knit fabric. The garment features a mock collar with six faux buttons extending from the top of the collar to the waist, and long sleeves. The dress extends from the shoulders to the knee area.

The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: sweaters: women’s. The duty rate will be 32 percent ad valorem.

The applicable subheading for the dress will be 6104.43.2010, 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 (other than swimwear), knitted or crocheted: Dresses: of synthetic fibers: other: women’s. The duty rate will be 16 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 sweater falls within textile category designation 646. The dress falls within textile category designation 636. 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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