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NY N019719




December 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Mr. Joe Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated November 7, 2007, on behalf of Revue LLC, 512 7th Avenue, New York, NY 10018, you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style 819333S, is a woman’s sleeveless pullover that is constructed from 56% silk, 24% rayon, 20% nylon multi-rib knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a U-neckline and a tubular bottom.

The submitted sample, style 819334S, is a woman’s cardigan that is constructed from 56% silk, 24% rayon, 20% nylon, multi-rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a round neckline, long sleeves with tubular cuffs, a full front opening with a one-button closure, and a tubular bottom.

The applicable subheading for the pullover and the cardigan will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted: of other textile materials: otherother: women’s. The duty rate will be 6% 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 pullover and the cardigan fall within textile category 838. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

Sincerely,

Robert B. Swierupski
Director,

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