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NY M82912

May 15, 2006

CLA-2-61:RR:NC:N3:359 M82912


TARIFF NO.: 6110.30.3059; 6110.30.3020

Ms. Cindy Tong
Eminent Sportswear, Inc.
1407 Broadway, Suite 2109
New York, NY 10018

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

Dear Ms. Tong:

In your letter dated April 20, 2006, you requested a classification ruling. Your samples are being returned as requested.

Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: H9905
Garment Description: 65% rayon, 35% acrylic cardigan with 100% polyester knit pile front panels, 55% acrylic/45% cotton knit lining on front panels, leather trimmed round neck and placket, leather trim on bottom front panels, long 1x1 chenille rib sleeves back panel, front opening with 4 metal closures HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches per 2 centimeters HTSUS Number: 6110.30.3059
Textile Category Number: 639

The essential character of style H9905 is given by the knit pile fabric of the entire front, HTSUS, General Rules of Interpretation (GRI), Rule 3, noted.

Style Number: H9995
Garment Description: 65% rayon, 35% acrylic 1x1 chenille knit sweater, knit pile manmade fiber woven lined shawl-like collar, long sleeves, full front opening with a 2 hook and eye closures, straight bottom, HTSUS Chapter 61 Statistical Note 3 Stitch Count: 9 stitches per 2 centimeters HTSUS Number: 6110.30.3020
Textile Category Number: 646

To view the tariff language and current duty rates that correspond to these HTSUS provisions, please refer to the text of the most recent HTSUS, which is available on the World Wide Web at http://www.usitc.gov/tata/hts/.

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). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

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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