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NY N028218




May 15, 2008

CLA-2-61:OT:RR:NC:TA:N3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010; 6110.20.2079

Ms. Corrie Sorin
Life is Good
283 Newbury Street
Boston, MA 02115

RE: The tariff classification of women’s and girls’ apparel from China and Indonesia.

Dear Ms. Sorin:

In your letter dated May 6, 2008 you requested a classification ruling. Three garments were submitted for review. As requested the samples will be returned to you.

Style W1152 is a woman’s blouse constructed of 60 percent cotton and 40 percent polyester mesh knit fabric. The pullover garment features long sleeves with cuffs, an inset pocket with a zipper closure on the left sleeve, a stand up collar and a hemmed bottom. It extends below the waist and has a partial front opening with a zipper closure. The garment has at least 10 or more stitches per linear centimeter measured in both directions.

Style G4146 is a girl’s pullover that is described as a ”Girl’s Scoop Sleep Tee”. The item is constructed of cotton knit fabric. The garment features short hemmed sleeves, a round neckline and a hemmed bottom. The garment has at least 10 or more stitches per linear centimeter measured in both directions.

In your request, you state the garment is sleepwear.  Based on appearance, style G4146 appears capable of multiple uses. As such, and in the absence of persuasive information as to the manner in which it is marketed and sold, this garment will not be classified as sleepwear.

The applicable subheading for style W1152 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s. The duty rate will be 19.7% ad valorem.

The applicable subheading for style G4146 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ pullovers and similar articles, knitted or crocheted: Of cotton: Women’s or girls’: Other. The duty rate will be 16.5% 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/.

Style W1152 and style G4146 fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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.

With regard to Style W1169, we require a sample of the garment in a ladies’ regular size medium in order to rule on this item. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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