CLA-2-61:OT:RR:NC:TA:359
Ms. Zoey Yang
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020
RE: The tariff classification of a woman’s sweater from China.
Dear Ms. Yang:
In your letter dated October 30, 2008, you requested a classification ruling. Your sample is being returned as requested.
The submitted sample, style PP 1078199, is a woman’s sweater that is constructed from 55% ramie, 45% cotton openwork crochet fabric (the front panel and the sleeves) and jersey knit fabric (the back panel). The front panel is lined with 100% cotton knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features a wide U-neckline, and short sleeves. The center back panel has a horizontal ribbed pattern.
The essential character of style PP 1078199 is imparted by the 55% ramie, 45% cotton knit fabric of the garments’ outer surface. Sweaters made of 55% ramie, 45% cotton are more specially provided for under 6110.90.9042, HTSUS. Therefore, your suggested classification under 6110.90.9073, HTSUS, is not applicable.
The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted or crocheted: of other textile materials: other: sweaters for women and girls: other…other. The duty rate will be 6% 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 845. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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