The tariff classification of two women’s pullovers from China.

N043339 November 24, 2008 CLA-2-61:OT:RR:NC:3:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Ms. Meridith Perry Brandbase Inc. 452 Burbank Street Broomfield, CO 80020 RE: The tariff classification of two women’s pullovers from China. Dear Ms. Perry: In your letter dated October 17, 2008 you requested a classification ruling. As requested, your samples are being returned to you. Style number 0932050 is a woman’s “Nomis” label cut and sewn sleeveless pullover that is constructed from 100% polyester knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a scoop front neckline with a gathering at the center, a modified racerback, the word “Nomis” printed on the front panel, the “Nomis” logo on the upper back panel, and a banded garment bottom. Style number 0932051 is a woman’s cut and sewn “Nomis” label pullover that is also constructed from 100% polyester knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features “Nomis” embroidered on the front panel, a hood with a drawstring, long sleeves with rib knit cuffs, a kangaroo pocket on the front panel, the “Nomis” logo embroidered on the upper rear panel, and a hemmed garment bottom. In your ruling request, you recommended classification of the submitted garments under 6114.30.1020. It is noted that both styles have construction features common to garments of heading 6110 and provide sufficient coverage. Both are more specifically provided for in heading 6110. The applicable subheading for both styles will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: Other: other: other: other: women’s or girls’. The duty rate will be 32%. 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/. Both styles 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division