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NY M81623




March 9, 2006

CLA-2-61:RR:NC:TA:359 M81623

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. Mike Bartlett
American Shipping Company, Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

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

Dear Mr. Bartlett:

In your letter dated February 22, 2006, on behalf of National Stores, Inc., you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number NSIJ3, is a woman’s sweater that is constructed from 100% acrylic, fully fashion knit fabric. The outer surface of the garment measures fewer than 9 stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a hood, long sleeves with rib knit cuffs, a full front opening with a zipper closure, 2 front patch pockets at the waist, and a rib knit bottom.

You suggest that the garment be classified in subheading 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS). However, it is specifically provided for in subheading 6110.30.3020 because of the stitch count.

The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of manmade fibers: other: other: sweaters: 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 sweater falls within textile category designation 646 . 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.

Sincerely,

Robert B. Swierupski
Director,

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