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NY C85648





May 8, 1998

CLA-2-61:RR:NC:TA:359 C85648

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000, 6110.10.2030

Mr. Stephen Dodeman
Bernardo
512 Seventh Avenue, 5th floor
New York, N.Y., 10018

RE: The tariff classification of women's knitwear from Hong Kong

Dear Mr. Dodeman:

In your letter dated March 17, 1998 you requested a classification ruling.

You submitted six samples of women's knitwear. One sample is a replacement for an incorrect style which has the same style number. This ruling covers the five final production samples only. Nevertheless, we are returning all six submitted samples, as you have requested.

All five samples under review consist of 100% boiled wool fabric, and all of them are produced in Hong Kong.

Style 1501 is a woman's knitted sweater with long sleeves and a full-front, zippered opening. The sweater has an attached hood which is constructed from the same fabric as that of the garment. In addition, the sweater features rib knit sleeves cuffs, a functional drawstring at the bottom, slanted side pockets at the waist and inside shoulder pads. The fabric of this garment has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed.

Style 1511 is a woman's knitted outerwear jacket that has a full-front, zippered opening and long sleeves. There also exists a detachable faux fur collar which is secured at the neck by five buttons, as well as slanted side pockets at the waist. Present on this sample are two zippered pockets at the chest. However, you state that these pockets will be removed from the final production sample. For purposes of tariff classification the jacket and the faux fur collar are considered to be a composite good. The essential character of this composite good is provided by the jacket. General Rule of Interpretation (GRI) 3, Harmonized Tariff Schedule of the United States, is noted.

Style 1513 is a woman's knitted outerwear jacket with a full-front, zippered closure, long sleeves, kangaroo pockets with curved openings and a turtleneck.

Style 1514 is a woman's knitted outerwear jacket which has a full-front, zippered opening, pointed collar, long sleeves and two welt pockets at the waist.

Style 1514 Claret is a woman's knitted sweater which has a full-front, zippered opening, pointed collar at the neck, long sleeves and two welt pockets at the waist. The fabric of this garment has nine or fewer stitches per two centimeters measured in the direction in which the stitches were formed.

The applicable subheading for the Styles 1511, 1513 and 1514, the outerwear jackets, will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's overcoats, carcoats, windbreakers and similar articles, knitted, other than those of heading 6104, of wool or fine animal hair. The duty rate will be 63.3/kg & 18.6%.

The outerwear jackets fall within textile category designation 435. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The applicable subheading for the Style 1501 and 1514 Claret, the sweaters, will be 6110.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted or crocheted, of wool or fine animal hair, other, women's. The duty rate will be 16.6%.

The sweaters fall within textile category designation 446. Based upon international textile trade agreements products of Hong Kong are subject to quota 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. 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. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 212-466-5852.

Sincerely,

Robert B. Swierupski
Director,

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