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NY D80369


August 2, 1998

CLA-2-61:RR:NC:TA:359 D80369

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Carolyn Ferrier/Imports

J. Crew Group, Inc.

770 Broadway, 12th Floor

New York, NY 10003

RE: The tariff classification of a woman's cardigan, similar to a sweater from Macau.

Dear Ms. Ferrier:

This is a replacement letter for District Ruling Letter(DRL) C86828, dated May 22, 1998. In that letter, Style 21428 was considered to be a sweater. Subsequent to receiving the DRL, you submitted a letter dated June 29, 1998, which revealed additional facts not considered in that ruling letter. Along with your letter you also submitted a sample of the style which was the subject of the ruling, as well as fabric swatches from which the garment was constructed. These swatches show the fabric in its "before and after" states which exist when it undergoes shearing and brushing. Based on our examination of these swatches and of the garment under review, we have determined that the stitch count for Style 21428 measures more than nine stitches per two centimeters in the direction in which the stitches were formed. As such, the garment is considered to be a cardigan, similar to a sweater. Your sample is returned.

The garment, style 21428, is a woman's cardigan, similar to a sweater of 100% polyester. The cardigan features a collar, a full frontal buttoned opening, long, hemmed sleeves, a hemmed bottom, and two patched pockets.

The applicable subheading for the garment will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts...and similar articles, knitted or crocheted, of man-made fibers, other, other, women's. The duty rate will be 33.3% ad valorem.

The garment falls within textile category designation 639. Based upon international textile trade agreements products of Macau 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,


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