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February 17, 1999

CLA-2-61:RR:NC:TA:359 D88128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Ms. Christine Basile LCB
Kohl’s
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

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

Dear Ms. Basile:

This is a replacement letter for classification ruling letter, NY D84394, issued December 4, 1998. In your letter dated December 14, 1998, you point out an error was made in the style number (DR9812) and that the correct style number is DR9212.

In your letter dated November 5, 1998 you requested a tariff classification ruling.

Style number DR9212 is a woman’s sweater that is constructed from 45% cotton, 27% ramie, 28% linen, rib knit fabrics (bodice, back and front-3X3 rib)- (the center front, back and sleeves-1X1 rib) - (bottom-2X2 rib). The outer surface of the 1X1 rib fabric and the 3X3 rib fabric, which comprises over half of the garment, measures 9 or fewer stitches per 2 centimeters in the horizontal direction.

The essential character of the garment is imparted by the 1X1 and 3X3 rib knit fabrics, 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 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 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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