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NY C81767




December 3, 1997

CLA-2-61:A:G01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2015; 6110.20.2010; 6110.30.3015; 6110.30.3010

Mr. Jay P. Middleton
Middleton Trading Co.
13303 Manchester Rd.
Des Peres, MO 63131

RE: The tariff classification of a child's sweater from Ecuador

Dear Mr. Middleton:

In your letter dated November 5, 1997 you requested a tariff classification ruling.

The submitted sample, which has no style number, is a child's sweater made of 50 percent cotton and 50 percent acrylic and has less than 9 stitches per 2 centimeters measured in the horizontal direction. The garment has a full frontal opening with three button left over right closure, a shirt style collar, two front slash pockets below the waist, long sleeves with elasticized cuffs, and a hemmed bottom with drawstring tightening. You state that the garment may also be imported with a hood. The sweater will be imported in children's sizes 1 to 14 and adult size L.

If in chief weight of cotton, the applicable subheading for the sweater in children's sizes will be, 6110.20.2015, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other, other, sweaters, boys'. The applicable subheading for the sweater in adult's sizes will be, 6110.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, ...of cotton...men's. The duty rate will be 19.4 percent ad valorem.

If in chief weight of acrylic, the applicable subheading for the sweater in children's sizes will be, 6110.30.3015, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of manmade fibers: other, other, other, other, other, sweaters, boys'. The applicable subheading for the sweater in adult's sizes will be, 6110.30.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters of manmade fibers... men's. The duty rate will be 33.5 percent ad valorem.

As requested, your sample will be returned.

The sweater, if in chief weight of cotton, falls within textile category designation 345. The sweater, if in chief weight of acrylic, falls within textile category designation 645. Based upon international textile trade agreements, products of Ecuador are not currently subject to quota or 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. 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 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.

Sincerely,

John J. Deegan
Port Director

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