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NY M85113

July 31, 2006

CLA-2-61:RR:NC:WA:361 NY M85113


TARIFF NO.: 6110.20.2079; 6110.30.3059

Mr. Gene Romano, Senior Production Manager JD Fine and Co.
179 Madison Circle
Concord, CA 94521

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

Dear Mr. Romano:

In your letter dated July 12, 2006, you requested a classification ruling for a woman’s knit pullover. The sample will be returned, as requested.

You submitted one sample, which will be imported in two different fabrications. Style 8415 will be constructed from 60 percent cotton, 40 percent polyester knit pile fabric; style 8394 will be constructed from 62 percent polyester, 33 percent rayon, and 5 percent spandex knit French terry fabric. The garment has a hood with a drawstring, a V neckline, long sleeves with cuffs, a kangaroo pocket, and a banded bottom.

The construction and features of the submitted garment are not those generally found on sleepwear. In addition, the merchandising information provided suggests multiple uses. Since garments of heading 6108 are limited to those used exclusively as sleepwear, these styles will not be classified in that heading.

The applicable subheading for style 8415 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pullovers knitted or crocheted: Of cotton: Other: Women’s or girls’: Other. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for style 8394 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pullovers knitted or crocheted: Of man-made fibers: Other: Women’s or girls’: Other. The duty rate will be 32 percent 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/.

Style 8415 falls within textile category designation 339; style 8394 falls 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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