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NY F80701




December 29, 1999

CLA-2-61:RR:NC:TA:359 F80701

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6110.90.9090

Ms. Margie Pettit
CLC-A Division of Kellwood
1411 Broadway, 15th Floor
New York, NY 10018

RE: The tariff classification of five women’s knitted upper body garments from Cambodia, China and Hong Kong

Dear Ms. Pettit:

This is a replacement letter for District Port Ruling Letter (DPRL) PD E88424 that was issued to you on October 19, 1999. In your letter dated November 29, 1999, you state that the country of origin for style 9647 is Hong Kong not China which was stated in PD E88424. Please see the correction below.

In your letter dated October 5, 1999, you requested a tariff classification ruling. Your samples will be returned as you requested.

The first two samples, Style 9386 and 9647, are part of the Well Suited Group and are finely knitted women’s garments which are constructed of 55% ramie, 45% cotton. Style 9386, which you indicate will be made in Hong Kong, is a pullover with a V-neckline, short hemmed sleeves, extensive embroidery on the front, and a hemmed bottom. The second garment, Style 9647, is a pullover-style garment that simulates a pullover (insert with a round neck, floral embroidery and a hemmed bottom) worn under a cardigan (front panels with 1 button closure, a V-neckline and extensive embroidery). The front panels and the fabric insert are permanently sewn together at the shoulder seams, armholes and side seams. The garment features long hemmed sleeves and a hemmed bottom. You indicated that Style 9647 will be made in Hong Kong.

The next three samples, which you indicate are part of the Stretch The Limit Group, are Styles 9230, 9231 and 9491 and will be produced in either China or Cambodia. These women’s sweaters are constructed of 78% acrylic, 22% nylon and contain less than nine stitches per two centimeters measured in the horizontal direction. Style 9230 is a V-neck cardigan styled sweater with a full seven button closure, long sleeves, and a ribbed bottom. Style 9231 is a sleeveless pullover with a round neckline, close fitting armholes, and a rib knitted bottom. The final garment, Style 9491, is a pullover with a V-neckline, short hemmed sleeves, and a hemmed bottom.

The applicable subheading for Styles 9386 and 9647 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s or girls’. The duty rate will be 6% ad valorem for 1999 and remains the same for 2000.

The applicable HTS subheading for Styles 9230, 9231, and 9491 will be 6110.30.3020, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: sweaters: women’s. The duty rate is 33.1% ad valorem for 1999 and 32.9% ad valorem for 2000.

Styles 9386 and 9647 fall within textile category designation 838. Styles 9230, 9231, and 9491 fall in category 646. Based upon international textile trade agreements products of Cambodia, China and Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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