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NY G85737





February 9, 2001

CLA-2-:RR:NC:N3:359 G85737

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.10.2030; 6110.30.3020

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

RE: The tariff classification of three women's garments from Hong Kong.

Dear Mr. Kelly:

In your letter dated January 4, 2001, you requested a ruling on behalf of Jones Apparel Group USA, Inc. on tariff classification .

You submitted three samples that will be returned to you under separate cover. Style number 021930528 is a woman’s 55% rayon, 45% nylon, sleeveless knit pullover. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a scoop neckline and a hemmed bottom.

Style 121780858 is a woman’s sleeveless sweater that is constructed from 100% wool, intarsia knit fabric. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features 1 ¼ inch wide shoulder straps; a V-neckline and a V-back, and a tubular hemmed bottom. Diamond patterned sequin is sewn on the front and back panels.

Style 021900558 is a woman’s 55% rayon, 45% polyester sweater and a leather belt. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a V-neckline, short cap sleeves, and 2 belt loops. The sleeves and the bottom of the garment are finished with rib knit fabric.

The sweater and the belt are classified as a set. The essential character is imparted by the sweater, General Rules of Interpretation (GRI), 3(b), consequently, the applicable subheading for style 021900558 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted: of manmade fibers: other. The general rate of duty will be 32.7% ad valorem.

The applicable subheading for style 021930528, the pullover, will be 6110.30.3055, which provides for women’s pullovers, knitted: of manmade fibers: other. The general rate of duty will be 32.7% ad valorem.

The applicable subheading for style 121780858, the sweater, will be 6110.10.2030, which provides for women'’ sweaters, knitted: of wool or fine animal hair: other The general rate of duty will be 16.3% ad valorem.

Style 021900558, the set, falls within textile category designation 646 (there is no category for the belt). Style 021930528, the pullover, falls in category 639. Style 121780858, the sweater, falls in category 446. Based upon international textile trade agreements products of Hong Kong are currently 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 Michael Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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