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NY N025471

April 24, 2008



TARIFF NO.: 6110.11.0080

Ms. Polly Chow
BCBG Max Azria Group
2761 Fruitland Ave.
Vernon, CA 90058

RE: The tariff classification of a woman’s cardigan from China.

Dear Ms. Chow:

In your letter dated February 27, 2008 and additional information submitted on March 28, 2008, you requested a classification ruling. Your sample is being returned as requested.

You submitted style RET4B477, a woman’s one-piece garment simulating a long sleeved knit cardigan worn over a long sleeved shirt-tail bottom woven blouse. The knit portion (2 front panels, sleeves with ribbed cuffs and back panel) is constructed from 100% merino wool. The woven portion (collar, front panels, portion of the back, sleeves and cuffs) is constructed from 68% cotton, 28% nylon, 4% spandex. The outer surface of the knit portion measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a pointed collar with 2 button closures, a V-neckline, long sleeves with 2 button cuffs, a full front opening with 4 button closures, a hemmed shirt-tail bottom (back and front). The woven portion of the garment extends below the knit portion in the back and the front. The knit portion has a full front opening with a non-functional 2 button ribbed placket.

You submitted the following information with your letter:

Style RET4B477 Surface Area Weight Value
(visible portions)
Knit 60% 0.458lb $6.15
Woven 40% 0.248lb $5.20

The essential character is given by the knit portion of the garment. Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI) Rule 3, noted.

The applicable subheading for the cardigan will be 6110.11.0080, (HTSUS), which provides for sweatersand similar articles, knitted: of wool or fine animal hair: of wool: otherother: women’s. The duty rate will be 16% 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 438. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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