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NY G80093





August 16, 2000

CLA-2-61-DD:C:D:I01

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030; 6114.20.0010

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

RE: The classification of women’s upper body garments from Hong Kong.

Dear Mr. Kelly:

In your letter dated July 17, 2000, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

Style number E1TP33268 is a women’s 65% mohair, 35% nylon knitted sleeveless sweater. The sweater extends from the neck to below the waist and is constructed of fewer than 9 stitches per two centimeters measured in the horizontal direction. The sweater features a cowl neck, finished armholes and a bottom without tightening.

Style number E3JA7C798 is a women’s 100% cotton knitted bandeau. The top, which is in the shape of a tube, extends across the chest just above and just below the breasts. It features an elasticized ribbed knit capping on the upper and lower edge of the top.

The applicable subheading for the sweater will be 6110.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of wool or fine animal hair: Other: Sweaters: Women’s. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the bandeau will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: Of cotton: Tops: Women’s or girls’. The rate of duty will be 11.1 percent ad valorem.

The sweater falls within textile category designation 446. The bandeau falls within textile category designation 339. Based upon international textile trade agreements, products of 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 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 t o 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.

Sincerely,

William M. McGuire
Acting Port Director
Boston, Massachusetts

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