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NY N023218




February 21, 2008

CLA-2-61:OT:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079; 6106.10.0010

Mr. Wayne Harris
Mervyns, LLC
22301 Foothill Boulevard
Mailstop 4015
Hayward, CA 94541

RE: The tariff classification of four women’s knitted garments from Vietnam and Guatemala.

Dear Mr. Harris:

In your letter dated February 8, 2008 you requested a classification ruling. As requested, your samples are being returned to you.

Style number 6498 is a woman’s babydoll-styled pullover constructed of a 100% cotton knitted fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a scoop front and rear neckline, neckline capping that extends to form a tie that closes at the rear, short puffed sleeves, two pockets on the front panel below the waist, a tie closure at the rear midriff area, and a hemmed bottom.

Style number 6496 is a woman’s cut and sewn pullover that is constructed from 100% cotton knitted fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a scoop front neckline, a low cut scoop rear neckline, short sleeves, a drawstring that is inserted in the neckline capping which ties at the rear, a printed design on the front panel, and a straight garment bottom.

Style number 6650 is a woman’s shirt that is constructed from 100% cotton knitted fabric with more than ten stitches per centimeter in both the horizontal and vertical directions. The garment features a scoop front neckline, a mock neck collar with a self-fabric tie closure in the front, short capped sleeves, a screen print on the front panel, and a hemmed bottom.

Style number 6506 is a woman’s shirt that is constructed from 100% cotton knitted fabric with more than ten stitches per centimeter in both the horizontal and vertical directions. The garment features a scoop front neckline, neckline capping that extends to form a tie that closes at the rear forming a keyhole opening, short unfinished sleeves, a screen print on the front panel, and a straight unfinished garment bottom.

The applicable subheading for styles 6498 and 6496 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 styles 6506 and 6650 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted: of cotton: women’s. The duty rate will be 19.7 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/.

All four styles fall 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.

Sincerely,

Robert B. Swierupski
Director,

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