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NY N021720

February 1, 2008



TARIFF NO.: 6110.20.2079

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

RE: The tariff classification of a cardigan from China.

Dear Mr. Ryu:

In your letter requests dated January 7, 2008 you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style 8343-1567, is a junior woman’s “Lot 29” brand cardigan that is constructed from 100% cotton French terry knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The cardigan extends to below the waist and features a drawstring hood, a full front zippered opening, short sleeves, two patch pockets at the waist, and a ribbed knit banded bottom. The “Tweety Bird” character and various designs are printed throughout the garment.

We are unable to rule on style 8343-1078 because we need additional information in order to issue a ruling:

Is the garment a junior or women’s sized garment?

Provide an actual production sample of style 8343-1078 in a regular size medium.

Advise what size number the size medium represents.

The fabric of style 8343-1078 appears to contain metallic yarns. Yarns containing a metallized fiber are considered to be an “other” fiber. Therefore, in order to determine the classification of the garment please provide the following:

The number of different yarns used in the fabric of the garment The fiber content of each yarn
The number of plies in each yarn
The relative weight by percentage of each of the yarns that comprise the fabric The overall fiber content of the garment

If you decide to resubmit your request on style 8343-1078, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border protection, Customs Information Exchange, 10th Floor, one Penn Plaza, New York, NY 10119, attn: Binding Rulings Section for review by NIS 361 Margaret Fitzgerald.

The applicable subheading for the cardigan will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% 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 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 Francine Vivona-Brock at 646-733-3049.


Robert B. Swierupski

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