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NY H80873




May 30, 2001

CLA-2-61:RR:NC:TA:359 H80873

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1060; 6114.90.9050

Mr. Paul Meyer
Nik and Associates
800 South Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of a woman’s knitted cardigan and tube top from China.

Dear Mr. Meyer:

In your letter dated May 2, 2001, on behalf of DZ Trading Ltd., you requested a tariff classification ruling. As requested, the samples will be returned to you.

You submitted two samples, Style 1151-205 is a 85% silk and 15% wool 1x1 rib-knit woman’s cardigan. The garment features a knitted chenille edging on the collar, front opening, sleeves and bottom. The cardigan also has a full frontal opening, two pockets at the waist, and spangles sewn on the cuffs and hem. The cardigan extends from the wearer’s neck and shoulders to the top of her thighs. The outer surface of the cardigan has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Style H361 is a 55% silk and 45% angora wool jersey knit woman’s tube top. The garment features a ruffled bottom. The outer surface of the tube top has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

The applicable subheading for the style 1151-205, the cardigan, will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pullovers, sweatshirts, waistcoats and similar articles, knitted or crocheted: of other textile materials: containing 70 percent or more by weight of silk or silk waste, other: women’s or girls’. The duty rate will be 2.4 percent ad valorem.

The applicable subheading for the style H361, the tube top, will be 6114.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of other textile materials: other, other: subject to wool restraints. The duty rate will be 5.7 percent ad valorem.

Style 1151-205 falls within textile category designation 739. Style H361 falls within textile category designation 459. Based upon international textile trade agreements products of China are subject to the requirement of a visa. In addition style H361, the tube top, is also subject to quota restraints.

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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