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NY M80864

February 16, 2006

CLA-2-61:RR:NC:TA:359 M80864


TARIFF NO.: 6110.20.2077

Ms. Jennifer Caldwell
GoldenToo, Inc.
1410 Broadway, 8th flr.
New York, NY 10018

RE: The tariff classification of a woman’s pullover from China. Correction to Ruling Number NY L88780

Dear Ms. Caldwell:

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 L88780, dated January 31, 2006. The change impacted on the perceived stitch count of the garment, which changed the tariff classification. A complete revised ruling follows.

A sample of a woman’s turtleneck sleeveless pullover was submitted and will be returned. The garment is made of 80% cotton and 20% nylon knit fabric, and is identified as style 6713(A).

In your letter you ask if the garment is entitled to quota exclusion under Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS). The language of that note requires that the stitch count of the fabric measure more than 9, but equal to or less than 18 stitches per 2 centimeters, measured on the outer surfaces of the fabric in the direction in which the stitches were formed. Based upon the language of the statistical note, the garment meets the stitch count requirement.

The applicable subheading for the pullover will be 6110.20.2077, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. 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/.

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 Camille Ferraro at 646-733-3049.


Robert B. Swierupski

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