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NY N015336

August 28, 2007



TARIFF NO.: 6110.20.2079; 6104. 62.2006

Mr. Jay Chen
Hatch Way L.L.C.
1333 Broadway, Suite 1109
New York, NY 10018

RE: The tariff classification of two women’s knitted garments from Vietnam.

Dear Mr. Chen:

In your letter dated July 31, 2007 you requested a classification ruling. As requested, your samples are being returned to you.

Style number FT2014 is a woman’s cardigan that is constructed from 95% cotton and 5% spandex French Terry knitted fabric. The outer surface of the cardigan measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a hood, a full front zippered opening, long sleeves with loose fitting rib knit endings, and a loose fitting rib knit garment bottom. The sleeve endings and garment bottom have contrasting colors.

Style number FT2015 is a woman’s pull-on pant that is constructed from 95% cotton and 5% spandex French Terry knitted fabric. The pants have a rib knit elasticized waistband with a drawstring and long hemmed leg openings. The waistband has contrasting colors in the front at the drawstring.

The applicable subheading for the cardigan of style FT2014 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of cotton: other: other: other: women’s or girls’: other. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for the pants of style FT2015 will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers bib and brace overalls, breeches and shorts: of cotton: other: trousers and breeches: women’s: containing 5 percent or more by weight of elastomeric yarn or rubber thread. The duty rate will be 14.9 percent 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 cardigan of style FT2014 falls within textile category designation 339; the pants of style FT2015 fall within textile category designation 348. 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 Francine Vivona-Brock at 646-733-3049.


Robert B. Swierupski

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