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NY D82340




October 9, 1998

CLA-2-61:RR:NC:TA:359 D82340

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. Nick Hamlin
Jantzen, Inc.
411 NE 18th Avenue
Portland, Oregon 97232

RE: The tariff classification of a woman's sweater from China and Hong Kong.

Dear Mr. Hamlin:

In your letter dated September 11, 1998 you requested a tariff classification ruling.

You stated in a telephone conversation that the submitted sample, style 3L229/3P229/3W229 (beige and green in color), will also be imported under style number 3L528/3P528/3W528 (jade and birch).

This garment is a one piece pullover-style sweater that simulates a t-shirt (insert with round neckline, short hemmed sleeves and hemmed bottom) worn under a vest (includes the openwork front panels that have 5 button closures and a deep V-neckline, and the jersey knit back panel). The front and back panels, and the insert are permanently sewn together at the shoulders and sideseams. The front and back panels are constructed from 55% ramie, 45% cotton, knit fabric. The outer surface of the panels has 9 or fewer stitches, measured in the direction in which the stitches were formed. The insert has an embroidered design on the chest and is constructed from 60% cotton, 40% polyester, finely knit fabric. The garment also features shoulder pads.

Your sample is being returned as requested.

The essential character of the sweater is imparted by the front and back panels, Harmonized Tariff Schedule of the United States(HTS), General Rules of Interpretation(GRI), Rule 3b, noted.

The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of other textile materials: other. The duty rate will be 6% ad valorem.

The sweater falls within textile category designation 845. Based upon international textile trade agreements products of China and 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 Section 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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