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NY M82763





May 22, 2006

CLA-2-61:RR:NC:WA:359 NY M82763

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 6110.30.3057

Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of three women’s garments from various countries.

Dear Mr. Travis:

In your letter dated March 22, 2006, on behalf of Kellwood Company, you requested a classification ruling.

You submitted a sample, plus components, which you referred to as Style T63261 (SF06-114). In your letter dated April 26, 2006, you requested that Style T63261 (FF06-114) be changed to Style #F63261 (SF06-114), which was submitted in error. Style #F63261 (SF06-114) is identical to Style T63261 (SF06-114) submitted with your request on March 22, 2006, for which we issued ruling NY M81407. However, you have modified the capping on Style T63261 (SF06-114), so that it is now knit to shape. All other information remains the same. The sample will be returned as you have requested.

You submitted three samples of women’s garments that are constructed from 100% acrylic knit fabric. The outer surface of the garments measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction that the stitches were formed.

Style number F63253 (SF06-021) is a woman’s cardigan that features a V-neckline, long sleeves with ribbed edge cuffs, a full front opening with 6 button closures, and a ribbed edge bottom. The neck capping, a component, is not knit to shape and does not meet the requirements of Statistical Note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HSTUS).

Style F63254 (SF06-020) is a woman’s pullover that features a crew neckline, short sleeves with ribbed edge cuffs, and a ribbed edge bottom. This garment is knit to shape and meets the requirements of Statistical Note 6, Chapter 61, HTSUS.

Style F63261 (SF06-114) is a woman’s pullover that features a square neckline, short sleeves with ribbed cuffs, and a ribbed bottom. This garment is knit to shape and meets the requirements of Statistical Note 6, Chapter 61, HTSUS.

You suggest that style F63253 (SF06-021) be classified in subheading 6110.30.3057, HTSUS. However, the neck capping precludes classification in that subheading.

The applicable subheading for style F63253 (SF06-021) will be 6110.30.3059, HTSUS, which provides for pullovers, Knitted: of man-made fibers: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for styles F63254 (SF06-020) and F63261 (SF06-114) will be 6110.30.3057, which provides for pullovers, knitted: of man-made fibers: otherother: women’s: knit to shape articles described in statistical 6 to this chapter. 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 three styles fall 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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