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NY D85373




December 22, 1998

CLA-2-61:RR:NC:TA:359 D85373

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. Ed Lau
Z-Ply Corporation
525 Seventh Avenue, Suite 707
New York, NY 10018

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

Dear Mr. Lau:

In your letter dated December 1, 1998 you requested a tariff classification ruling.

Style number 21551 is a woman's sweater that is constructed from 55% ramie, 25% acrylic, 20% cotton, knit fabric (front and back panels) with a crocheted (55% ramie, 25% acrylic, 20% cotton) and woven (53% cotton, 47% polyester) overlay on the front panels. The outer surface of the back panel measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a V-neckline; short hemmed, woven sleeves; a full front opening with 5 button closures; and a rib knit bottom. The overlay is of a crochet and woven patch pattern. The armhole area, neckline, and placket are finished with ribbed fabric.

Your sample is being returned.

The essential character is imparted by the back panel, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), 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 sweater, knitted: of other textile materials: other. The duty rate will be 6% ad valorem for 1998 and 1999.

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