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NY F82889




March 7, 2000

CLA-2-61:RR:NC:TA:359 F82889

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9038; 6114.90.9010

Mr. James J. Kelly
Fine Arts Marketing Inc.
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of women’s hand knit wearing apparel form China

Dear Mr. Kelley:

This is a replacement letter for Port District Ruling Letter (PDRL) PD E88158 that was issued to you on October 28, 1999. In your letter dated February 8, 2000, you state that the stitch count as stated in the ruling for style U1C585498, a sweater (“more than 9 stitches per 2 centimeters”), does not agree with the tariff classification (6110.90.9038) given in the PDRL. After examining the sample, style U1C585498, that you resubmitted, this office find the stitch count to be less than 9 stitches per 2 centimeters, measured in the horizontal direction. The tariff classsification remains 6110.90.9038. Please see correction below.

In your letter dated October 5, 1999, on behalf of Jones Apparel Group USA, you requested a tariff classification ruling.

The submitted samples, styles U1C585498 and UIC595488, are women’s upper body garments hand knitted from 44% silk, 31% linen, 25% cotton yarn.

Style U1C585498 has a round neckline, long sleeves with rib knit cuffs and a rib knit bottom that does not provide any tightening. The garment measures less than 9 stitches per 2 centimeters in the horizontal direction.

Style UIC595488 has a square neckline, one-inch detachable straps and a rib knit bottom that does not provide any tightening. The fabric for this style has more than 9 stitches per 2 centimeters in the horizontal direction.

Style U1C585498 will be returned under separate cover.

The applicable subheading for style U1C585498 will be 6110.90.9038, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersknitted or crocheted: of other textile materials: sweaters for women or girls: other: of silk: other. The rate of duty will be 6% ad valorem.

The applicable subheading for style UIC595488 will be 6114.90.9010, HTS, which provides for other garments, knitted or crocheted: of other textile materials: other: tops. The rate of duty will be 5.8% ad valorem.

Style U1C585498 falls within textile category designation 846 while style UIC595488 falls within textile category designation 838. As products of China, these garments are subject to a visa requirements and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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 this ruling letter 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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