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February 16, 1999

CLA-2-61:RR:NC:TA:359 D87043

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6102.90.9030

Mr. Michael Madden
Branch Manager
Global Transportation Services, Inc.
895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of a woman’s sweater and coat from China.

Dear Mr. Madden:

In your letter dated January 13, 1999, on behalf of Braun’s Fashions, Inc., you requested a tariff classification ruling.

The submitted sample, Style number 1770, is a woman’s sweater constructed from 55% ramie, 45% cotton, knit fabric. The sweater is made with a variety of knit pattern strips that extend vertically down the garment. The sweater extends from the shoulder to the mid-thigh area. The outer surface of the fabric has 9 or fewer stitches per 2 centimeters, measured in the direction in which the stitches were formed. The sweater features a notched-lapel collar; attached shoulder pads; long sleeves; a full front opening with 2 button closures; and 2 front, inset, slant pockets below the waist. The collar, sleeves, placket, pockets, and the bottom of the garment are finished with ribbed fabric.

Style number 1772 is a woman’s coat that is constructed from 55% ramie, 45% cotton, knit fabric. The coat is made with the same knit patterns as style 1770 and extends from the shoulder to below the knee. The garment features a modified shawl collar; long sleeves; a full double breasted front opening with 4 button closures; and 2 front, inset vertical pockets below the waist. The collar, sleeves, placket, pockets and the bottom of the garment are finished with ribbed fabric. Your samples are being returned as requested.

The applicable subheading for style 1770 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 applicable HTS subheading for style 1772 will be 6102.90.9030, which provides for women’s overcoats...and similar articles, knitted, other than those of heading 6104: of other textile materials: other. The duty rate will be 5.9% ad valorem.

The sweater falls within textile category designation 845. The coat falls in category 835. 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 212-637-7077.

Sincerely,

Robert B. Swierupski
Director

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