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NY M80407

March 3, 2006

CLA-2-61:RR:NC:TA:359 M80407


TARIFF NO.: 6110.30.3059

Ms. Suzanne Liberti
Follick & Bessich
33 Walt Whitman Road, Suite 310
Huntington Station, NY 11746

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

Dear Ms. Liberti:

In your letter dated February 8, 2006, on behalf of In Vogue LLC, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number 29878, is a woman’s cardigan that is constructed from 55% acrylic, 45% cotton, jersey knit fabric with 100% rayon, openwork crocheted fabric (the neckline, the sleeve openings, the placket, the waistband, and the bottom). The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. For purposes of Statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), the crocheted fabric is sewn on to knit fabric and does not meet the requirements of this statistical note. The garment features short sleeves and a full front opening with a self-fabric tie closure.

You suggest that this garment be classified in subheading 6110.30.3057, HTSUS. However, the crocheted fabric of the garment does not meet the requirements of Statistical note 6 to Chapter 61, (HTSUS).

The applicable subheading for the cardigan will be 6110.30.3059, HTSUS, which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% 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 cardigan falls within textile category designation 639. 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 Camille R. Ferraro at 646-733-3049.


Robert B. Swierupski

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