CLA-2-61:OT:RR:NC:3:359
Ms. Gail Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004
RE: The tariff classification of a woman’s sweater from China and Bangladesh.
Dear Ms. Cumins:
In your letter dated February 8, 2008 you requested a classification ruling on behalf of your client A.R. Knitwear Co., Inc. As requested, your sample is being returned to you.
The submitted sample, style 11060, is a woman’s sweater that is constructed from 70% acrylic, 27% polyester, and 3% spandex knit fabric. The size medium sample of style 11060 is a woman’s junior-sized sweater that you have indicated corresponds to a size 7/9. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The garment features a turtleneck collar, a cable stitch on the upper front and back panels, short sleeves, and a straight bottom. The collar, sleeve endings, and garment bottom have a 2x2 ribbed knit fabric finish. The sweater extends to the upper thigh on both our junior size 7 and junior size 9 mannequins.
Style 11060 extends to the upper thigh area only. Therefore, the garment does not provide sufficient coverage to be considered a dress as you asserted in your request. Style 11060 is properly classified as a sweater of 6110, HTSUS.
The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of man-made fibers (con): other: other: sweaters: 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/.
The sweater falls within textile category 646. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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,
National Commodity
Specialist Division