The tariff classification of a woman’s cardigan style garment from Hong Kong

N266556 August 7, 2015 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Mr. Kevin Maher C-Air Custom House Brokers 181 S. Franklin Avenue Valley Stream, NY 11581 RE: The tariff classification of a woman’s cardigan style garment from Hong Kong Dear Mr. Maher: In your undated letter which was received in this office on July 10, 2015, you requested a tariff classification ruling on behalf of your client, Meryl Diamond. As requested, your sample will be returned. Style A39643 is a woman’s garment constructed from 95% rayon and 5% spandex interlock twist knit fabric. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The sample features a shawl collar, a full front opening without closure, patch pockets on either side of the front panels, long hemmed sleeves and a hemmed bottom. The garment extends to below the waist and will be sold in solids and prints. You requested classification in subheading 6102.30.2010, Harmonized Tariff Schedule of the United States (HTSUS). The submitted sample lacks tightening at the cuffs and at the bottom of the garment, which are requirements to warrant classification as a jacket in heading 6102, (HTSUS). Consequently, the applicable subheading for style A39643 will be 6110.30.3059, HTSUS, which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con.): of man-made fibers (con.): Other: Other: Other: Women’s or girl’s: Other. The rate of duty will be 32 percent ad valorem. The submitted sample is not marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part: Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. 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 Renée M. Orsat at renee.orsat@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division