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NY N003231





December 7, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2020

Mr. Edward Mittelstaedt
Mittelstaedt, Galaviz, & Mylin, Inc.
341 Broadway
San Francisco, CA 94133

RE: The tariff classification of women’s knit wearing apparel from China.

Dear Mr. Mittelstaedt:

In your letter dated October 30, 2006, on behalf of & Co. DBA ISDA & Co., you requested a classification ruling. Your sample is being returned.

The submitted sample, style number 1527, is a woman’s sleeveless sweater that is constructed from 50% cotton, 42% viscose, 8% silk knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a drape neckline and criss-cross panels in the front.

Your request does not provide enough information for us to give a classification ruling on style 1528. As the classification of this garment requires that a determination be made whether it is knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), submit all of the component pieces of the garment in its condition as taken from the knitting machine, in condition ready for assembly without further cutting or manufacture. 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.

The applicable subheading for style 1527 will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of cotton: other: sweaters: women’s. The duty rate 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 sweater 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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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