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NY N013002

July 11, 2007


TARIFF NO.: 6106.10.0010

Ms. Wendy A. Klarman
American Cargo Express
435 Division Street
Elizabeth, New Jersey 07201

RE: The tariff classification of a woman’s shirt from Brazil

Dear Ms. Klarman:

In your letter dated June 13, 2007 you requested a classification ruling on behalf of your client Ecko Complex LLC.

Style 36043 is a woman’s shirt constructed of 57 percent cotton, 39 percent modal and 4 percent spandex knit fabric. The garment extends below the waist and has long sleeves which are capped. It features a full front opening with a zipper closure and a belted wrap front closure above the waist, a rib knit turtleneck collar and a capped bottom. The upper portion of the garment is lined. The garment has at least 10 or more stitches per linear centimeter measured in both directions.

In your request you recommend classification under 6102.20.0010. Lack of a tightening at the bottom of the garment or the cuffs precludes classification under heading 6102.

We are returning your sample as you requested.

The applicable subheading for style 36043 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s. The duty rate will be 19.7% 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 36043 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.


Robert B. Swierupski

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