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NY N003941





December 14, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Mr. Andre Ryu
Wicked Fashion, Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of a ladies’ garment from China.

Dear Mr. Ryu:

In your letter received December 1, 2006, you requested a classification ruling. The provided sample will be returned as per your request.

You refer to Style 7323-4108 as a jacket, however, the garment is more properly described as a cardigan.

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).

Style 7323-4108 is a ladies’ long raglan sleeve cardigan constructed of a 100% acrylic jersey knit fabric with a loose rib knit finish at the garment bottom and at the end of the sleeves. “South Pole” is printed throughout the outer surface of the front panels, the back panel, and the hood. The cardigan features a zippered full front opening, full fashion marks at the armholes, a drawstring hood, side seams, and two front patch pockets. For purposes of Statistical Note 3 to Chapter 61, the outer surface fabric stitch count is over 9 stitches per 2 centimeters in the direction that the stitches were formed. For purposes of Statistical Note 6 to Chapter 61, the stitch count is equal to or less than 18 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed. No components pieces were submitted with your request. However, upon examination of the submitted garment we were able to determine that the hood capping does not have a self-start bottom. Consequently, all components were not knit to shape; the garment does not qualify as a knit to shape garment. The garment does not meet the requirements of Chapter 61, Statistical Note 6.

The applicable subheading for the garment will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Other. The duty rate will be 32% 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 falls within textile category 639. 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 Ferraro at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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