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NY 809018




May 1, 1995

CLA-2-61:S:N:N5: 359 809018

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1560; 6110.30.1520

Ms. Ellen E. Rosenberg
Siegel, Mandell & Davidson
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification of two women's knit garments from China.

Dear Ms. Rosenberg:

In your letter dated April 6, 1995, on behalf of Women's Specialty Retailing Group, Division of U.S. Shoe Corporation, you requested a tariff classification ruling. Your samples are being returned as requested.

Style number 25038 is a women's shirt-type cardigan constructed from knit and woven fabric. The two front panels are constructed from 70% acrylic, 30% wool, 2X2 rib knit fabric. The collar, sleeves and back panel are constructed from 100% cotton, woven fabric. The knit fabric of the two front panels measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a pointed shirt collar; long sleeves with one button, turned back, shirt cuffs; and a full front opening with a 9 button closure.

Style number 25057 is a woman's sweater with shirt styling constructed from knit and woven fabric. The two front panels have an argyle pattern and are constructed from 70% acrylic, 30% wool, jersey knit fabric. The collar, sleeves and back panel are constructed from 100% cotton, woven fabric. The fabric of the two front panels measures less than 9 stitches per 2 centimeters in the horizontal direction. The garment features a pointed shirt collar; long sleeves with one button, turned back, shirt cuffs; and a full front opening with a 9 button closure.

The essential character of styles 25038 and 25057 is imparted by the entire front of each garment, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) 3(b), noted.

The applicable subheading for style 25038 will be 6110.30.1560, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters....and similar articles, knitted: of man-made fibers: other: containing 23% or more by weight of wool or fine animal hair: other. The duty rate will be 17% ad valorem.

The applicable HTS subheading for style 25057 will be 6110.30.1520, which provides for women's sweaters, knitted: of man-made fibers: other: containing 23% or more by weight of wool or fine animal hair: other. The duty rate will be 17% ad valorem.

Style 25038 falls within textile category designation 438. Style 25057 falls in category 446. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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