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NY M87331

December 1, 2006

CLA-2-61:RR:NC:TA:359 M87331


TARIFF NO.: 6110.20.2020

Ms. Susan White
A Fine Gauge, Inc. DBA White + Warren
80 West 40th Street – 3rd Floor
NY, NY 10018

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

Dear Ms. White:

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

Style S/72122728 is a women’s 100% cotton cardigan sweater constructed of a double knit fabric. The outer surface of the cardigan sweater measures fewer than nine stitches per two centimeters in the direction that the stitches were formed. The cardigan reaches below the waist. It features long sleeves, a full front opening with no means of closure, and two flap inset front pockets. A twill trim is found on the outer edges of the cardigan.

The applicable subheading for Style S/72122728 will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, crocheted: of cotton: other . . . other: sweaters: women’s. 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/.

Style S/72122728 falls within textile category 345. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

We are returning style S/72122756, as the classification of this garment requires that a determination be made whether the garment is knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS). Please submit all of the component pieces of the garment in the condition as taken from the knitting machine with the waste yarns, and in condition ready for assembly without further treatment such as adding a stitch to prevent unraveling. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces.

Additionally, please note that we are returning style S/72122711 as the front placket component was missing from your submission. The aforementioned statement on Statistical Note 6 to Chapter 61, HTSUS, would also apply to style S/72122711.

If or when 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 Ferraro at 646-733-3049.


Robert B. Swierupski

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