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NY M80468

February 16, 2006

CLA-2-61:RR:NC:TA:359 M80468


TARIFF NO.: 6110.30.3057; 6106.20.2010

Ms. Jada Evans
May Merchandising Company
May Department Stores International, Inc. 615 Olive Street
St. Louis, Missouri 63101

RE: The tariff classification of three women’s garments from China

Dear Ms. Evans:

Recent technical changes to statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS) necessitated reviewing and replacing NY Ruling Number L89711, dated January 11, 2006. The change impacted on the perceived stitch count of the garment, which changed the tariff classification. A complete revised ruling follows.

In your letter dated January 3, 2006, you requested a classification ruling. Your samples are being returned as requested.

You submitted three samples of women’s garments that are constructed from 68% rayon and 32% nylon, 1X1 rib knit fabric. The outer surface of styles 95613 and 99649 measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction that the stitches were formed. The outer surface of style 99648 measures more than 10 stitches per linear centimeter in both the horizontal and vertical direction.

Style 95613 is a woman’s sleeveless pullover that features a V-neckline and a straight bottom.

Style 99649 is a woman’s sleeveless pullover that features a square front and back, 3-inch wide shoulder straps, and a straight bottom.

Style 99648 is a woman’s blouse that features a notched-lapel collar, ¾ inch long sleeves, a full front opening with a 7-button closure, and a straight bottom.

The applicable subheading for styles 95613 and 99649 will be 6110.30.3057, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of man made fibers: otherother: women’s: knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 32% ad valorem.

The applicable subheading for style 99648 will be 6106.20.2010, HTSUS, which provides for women’s blouses, knitted: of man made fibers: other. 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/.

Each of the three garments 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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