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NY M85830




August 30, 2006

CLA-2-61:RR:NC:N3:359 NY M85830

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Lorraine Drummond
Hampshire Brands
8 West 38th Street, 6th Floor
New York, NY 10018

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

Dear Ms. Drummond:

In your letter dated August 15, 2006, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, Style #JBY601BU is a woman’s garment designed to resemble a knit tank top worn over a long sleeve woven shirt. The outer layer is constructed from 98% cotton and 2% spandex knit fabric and features a racer back, shoulder straps measuring less than 2 inches, and a rib knit bottom. The inner layer is constructed from 100% cotton woven fabric and features a shirt type collar, a partial front opening at the neck, with a two-button closure, long sleeves with a two-button closure. The two layers are securely sewn together. The outer surface of the knit fabric measures fewer more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The essential character of Style #JBY601BU is given by the knit fabric, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for Style #JBY601BU will be 6110.20.2079, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton, women’s or girls’, other. The rate of duty will be 16.5% 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 garment, Style #JBY601BU falls within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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