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NY N026162




April 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Ms. Krystal Mehnert
Donna Karan Company LLC
580 Gothan Parkway
Carlstadt, NJ 07072

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

Dear Ms. Mehnert:

In your letter dated April 1, 2008, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style P380999LB, is a woman’s pullover that is constructed from 100% merino wool jersey knit fabric with a 100% woven silk overlay on the front panel. The outer surface of the knit fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a ribbed turtleneck, 1x1 rib knit short sleeves, and a ribbed bottom. The essential character is given by the knit fabric of the garment.

The applicable subheading for the cardigan will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of wool or fine animal hair: of wool: otherother: women’s. The duty rate will be 16% 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 pullover falls within textile 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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