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NY M83526




May 30, 2006

CLA-2-61:RR:NC:TA:358 M83526

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070; 6104.33.2000

Mary Bailey
Sears Holding Corporation
Import Dept. 733IMP, A3-369B
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of girls’ wearing apparel from Honduras

Dear Ms. Bailey:

In your letter dated May 16, 2006 you requested a classification ruling.

Submitted style KHTKS2504A is comprised of two pieces. One of these pieces, manufactured from jersey fabric of 100% cotton, is a tank-styled pullover, each of the shoulders of which measures more than two inches in width. To be worn over this garment is the other piece, manufactured from knitted pile fabric of 90% polyester/10% spandex, a long-sleeved, bolero-styled garment that ties together at the lower front.

As you have requested, the sample garments are being returned.

The applicable subheading for the pullover of this style will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tank tops and similar garments, knittedof cotton, girls’, other, other; and for the other garment of this style will be 6104.33.2000, HTSUS, which provides for girls’suit-type jacketsknittedof synthetic fibers, other. The duty rates will be 16.5 and 28.2 per cent ad valorem, respectively.

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 and the other garment within 635. 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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