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NY D80833


August 2, 1998

CLA-2-61:RR:NC:TA:359 D80833

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. David A. Eisen

Grunfeld, Desiderio, Lebowitz & Silverman

245 Park Avenue, 33rd Floor

New York, NY 10167-3397

RE: The tariff classification of two women's sweaters from Macau.

Dear Mr. Eisen:

This ruling replaces our previous New York ruling letter, NY D80314, which was issued to you on July 23, 1998. We are sending this replacement letter because we have received more complete information concerning the process which produces the sweaters which were the subject of the original ruling letter. The present letter does not change the conclusions in the original letter concerning tariff classification, duty rate or quota category status.

The information which we have received indicates that for Style 1048, the production process involves the knitting of fabric in rolls in Taiwan, then cutting them into sweater panels in Macau, and finally assembling them into the finished sweater, also in Macau. We agree with the manufacturer's statement that this is a "cut and sewn" production process and that it does not involve the knitting-to-shape of the sweater panels. Furthermore, we have reviewed the original samples which you submitted to us for both garments, Style 1042 and Style 1048, and we find that each one is produced by this "cut and sewn" process.

The following additional information is also relevant to, but was not contained in, our original ruling letter:

- Style 1042 is produced by Strong Process Garment Fty.,

Co., Ltd., Macau.

- Style 1048 is produced by Fu Son Garment Fty., Macau.

- The order quantity for Style 1042 is 85,000 units plus or
minus 5%.

- The order quantity for Style 1048 is 16,000 units plus or
minus 5%.

The submitted samples, Styles 1042 and 1048, are two women's pullover-style sweaters that are constructed from 100% acrylic, knit fabric. The outer surface of the garments has 9 stitches or less per 2 centimeters, measured in the direction in which the stitches were formed. The sweaters feature V-necklines; long, hemmed sleeves, side slits, and hemmed bottoms. Your samples are being returned.

The applicable subheading for Styles 1042 and 1048 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of man-made fibers: other. The duty rate will be 33.3% ad valorem.

Styles 1042 and 1048 fall within textile category designation 646. 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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