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NY N023148

February 21, 2008



TARIFF NO.: 6110.30.3059

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification of five women’s knit pullovers from Bulgaria.

Dear Mr. Mulvihill:

In your letter dated February 5, 2008, on behalf of Tribal Sportswear of Montreal, Quebec, Canada, you requested a classification ruling.

You submitted five women’s cut and sewn knit pullovers that are being returned as requested. The outer surface of the fabric of the five garments measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

Style 5544o-634 is constructed from 94% polyester, 6% spandex knit fabric. The pullover features a V-neckline, long sleeves, and a hemmed bottom. The neckline and the sleeve openings are finished with a netted fabric. The front panel has a gathered pattern.

Style 5498o-689 is constructed from 90% polyester, 10% spandex Rachel knit openwork fabric with a floral design. The pullover features a princess neckline, long sleeves, and a hemmed bottom. The neckline, the armhole areas, and sleeve openings are finished with scallop trimming. The front and back panels are lined with knit fabric.

Style 5689o-871 is constructed from 92% polyester, 8% spandex knit fabric. The pullover features a mock collar, long hemmed sleeves with cuffs that have 3 non-functional buttons, and a hemmed bottom. The side seams at the bottom have elastic gathering.

Style 5632o-909 is constructed from 61% polyester, 33% rayon, 6% spandex knit fabric. The pullover features a round neckline, long hemmed sleeves, and a hemmed bottom.

Style 5598o-914 is constructed from 94% polyester, 6% spandex knit fabric. The pullover features a V-neckline, long hemmed sleeves, and a hemmed bottom. The front panel is partially lined with knit fabric simulating a tank top. The upper portion of the lining is seen at the V-neckline and has spaghetti straps and finished with a lace-like fabric.

The applicable subheading for each of the five pullovers will be 6110.30.3059, HTSUS, which provides for pullovers, knitted: of man-made fibers: otherother: women’s. The duty rate will be 32% 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/.

Each of the five pullovers fall within textile category 639. 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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