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NY L82309

February 23, 2005

CLA-2-61:RR:NC:WA:361 NY L82309


TARIFF NO.: 6110.20.2075

Ms. Michelle Jolley, Classification Analyst Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

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

Dear Ms. Jolley:

In your letter dated January 27, 2005, you requested a classification ruling for a women’s knit pullover. The item will be returned as requested.

The submitted garment, style 5140, is a woman’s pullover constructed from 100 percent cotton 1x1 rib knit fabric with more than nine stitches per two centimeters . The pullover has a round, capped neckline; ¾ length hemmed sleeves; and a plain, hemmed bottom. The garment will also be imported under the same style number with a fiber content of 90 percent cotton, ten-percent polyester rib knit fabric.

You have referred to the submitted garment as “sleepwear ¾ sleeve Vee neck top,” however, based both on appearance and marketing, it appears to be capable of multiple uses. As such, the garment will not be classified as sleepwear in heading 6108.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversand similar articles, knitted or crocheted: Of cotton: Women’s. The duty rate will be 16.5 percent ad valorem.

The pullover falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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