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NY M80757

February 6, 2006

CLA-2-61:RR:NC:TA:358 M80757


TARIFF NO.: 6110.30.3025

Mr. Alan Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a girl’s sweater from China

Dear Mr. Kamnitz:

In your letter dated January 27, 2006, on behalf of your client Fishman & Tobin, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style L24419N, is a girl’s cardigan style sweater. The outer surface of the garment is constructed of knit man-made fabric and measures 9 stitches per 2 centimeters counted in the direction the stitches were formed. The sweater features a full front six button opening, long sleeves and rib knit fabric at the waist, sleeve cuffs and neckline. For ruling purposes it is assumed the item is sized for girls 7-16.

In your letter you suggest classification in subheading 6110.30.3077, Harmonized Tariff Schedule of the United States (HTS), which provides for man-made fiber girls’ pullovers and similar articles, knitted or crocheted, women’s or girls’ , knit to shape articles described in statistical note 6 to this chapter. The proposed tariff provision is not applicable because the article does not have a stitch count exceeding 9 stitches per 2 centimeters and less than or equal to 18 stitches per 2 centimeters as provided for in Statistical Note 6 to Chapter 61.

The applicable subheading for the girl’s cardigan, style L24419N will be 6110.30.3025, Harmonized Tariff Schedule of the United States (HTS), which provides for man-made fiber girls’ sweaters, knitted or crocheted. The rate of duty will be 32 percent ad valorem.

The sweater 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 Bruce Kirschner at 646-733-3048.


Robert B. Swierupski

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