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NY N013497




July 23, 2007

CLA-2-61: RR:NC:TA:N3:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. Harry Katsaros
Nik & Associates
800 S. Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of a men’s knit cardigan from China.

Dear Mr. Katsaros:

In your letter dated June 1, 2007, you requested a tariff classification ruling on behalf of Michael Gerald Ltd. As requested, your sample will be returned.

Style SYP7-139ZH is a men’s cardigan that features a hood with a drawcord; a full front opening with a zippered closure; long, set-in sleeves with rib knit cuffs; elbow patches on each sleeve; and a loose fitting waistband.

The cardigan is constructed from two different knit fabrics. The entire front, the rear yoke, the elbow patches, the front waistband, and the hood are cut and sewn from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. This fabric measures 20 stitches per two centimeters counted in the horizontal direction. The sleeves and the remainder of the rear panel are constructed from 100% cotton, jersey knit fabric that measures 8 stitches per two centimeters counted in the horizontal direction. The rear waistband is of 100% cotton, 2 x 2 rib knit fabric.

The essential character is imparted by the front panel of the garment. Consequently, the applicable subheading for Style SYP7-139ZH will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men’s or boy’s: other. The rate of duty will be 16.5% ad valorem.

Style SYP7-139ZH falls within textile category designation 338. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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