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NY M87319

November 22, 2006

CLA-2-61:RR:NC:TA:359 M87319


TARIFF NO.: 6110.30.3059; 6114.20.0060

Laureen Sterling
FedEx Trade Networks
205 West Service Road
Champlain, NY 12919

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

Dear Ms. Sterling:

In your letter dated October 26, 2006, you requested a classification ruling.

Style 38S085 is a women’s pullover constructed from 75% rayon and 25% nylon. The garment has a rib knit turtleneck, short sleeves with rib trim and a rib knit bottom. The outer surface of the garment measures more than nine stitches per two centimeters, but less than or equal to eighteen stitches per two centimeters in the direction that the stitches are formed. The back panel does not have a clear and continuous line of demarcation at the neckline. The garment does not meet the requirements of statistical note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

Style 38S097 is a women’s upper body garment constructed from 60% cotton and 40% acrylic knit fabric. The garment features short sleeves with rib knit trim and a rib knit bottom. The front panels of the garment crisscross to form a deep, wide v-neckline that does not cover the chest area.

The applicable subheading for style 38S085 will be 6110.30.3059, HTSUS, which provides for sweaters, pulloverssimilar articles, knitted or crocheted: of man made fibers: other: other: other: other: women’s or girls: other. The duty rate will be 32% ad valorem.

The applicable subheading for style 38S097 will be 6114.20.0060, HTSUS, which provides for other garments, knitted or crocheted: of cotton: other: women’s or girls’. The rate of duty will be 10.8%.

Style 38S085 falls within textile category 639. Style 38S097 falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

The components that you have submitted for Style 38S045 did not include the neckband for this garment. We require this component in order to issue a classification ruling.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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.


Robert B. Swierupski

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