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NY H87280





February 11, 2002

CLA-2-61:RR:NC:TA:359 H87280

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020; 6110.30.3035; 6110.30.3055;

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
231 N 3rd Street
Pembina, ND 58271

RE: The tariff classification of four women’s knit garments from China and a girl’s woven jacket from India

Dear Mr. Jerome:

In your letter dated January 23, 2002, on behalf of Gemini Fashions of Canada Ltd., 61 Juno Street, Winnipeg, Manitoba Canada, R3A 1T1, you requested a tariff classification ruling.

You submitted five samples. Style P440K-02 is a girl’s outerwear jacket that is made of coated woven nylon fabric. The garment has slash pockets, a hood, a drawstring waist, an open bottom and tightening elements at the sleeve cuffs and hood. It also has a zipper closure and supplemental storm flap snap closure which fastens right over left.

Styles 72790S, 72740S, 72790W and 72740W are women’s garments that are constructed from different fabric. The outer surface of the four garments measures more than 9 stitches per 2 centimeters in the horizontal direction. The four garments have embroidered designs on their front panels. The front panels are also lined with man-made fiber woven fabric.

Style 72790S is a cardigan that is constructed from 75% acrylic, 25% polyester, knit pile fabric (the front panels) and 75% silk, 25% wool, rib knit fabric (the collar, the sleeves, the back panel). The garment features a mock collar, long sleeves, a full front opening with a zipper closure, and 2 front slant pockets below the waist. The front panels are hemmed. The back panel has a ribbed bottom.

Style 72740S is a sleeveless vest that is constructed from 75% acrylic, 25% polyester, knit pile fabric (the front panels) and 75% silk, 25% wool, rib knit fabric (the collar, the back panel, the bottom). The garment features a mock collar, oversized armholes finished with knit capping, and a full front opening with a zipper closure.

Style 72790W is a cardigan that is constructed from 75% acrylic, 25% polyester, knit pile fabric (the front panels) and 100% wool, knit fabric (the collar, the sleeves, the back panel). The garment features a ribbed collar, jersey knit sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front slant pockets below the waist, a jersey knit back panel with a ribbed bottom. The front panels are hemmed.

Style 72740W is a vest that is constructed from 75% acrylic, 25% polyester, knit pile fabric (the front panels) and 100% wool, knit fabric (the collar, the back panel, the bottom). The garment features a mock ribbed collar, oversized armholes finished with knit capping, a full front opening with a zipper closure, a jersey knit back panel and a ribbed bottom.

The essential character of the two cardigans and the two vests is given by their front panels; Harmonized Tariff Schedule of the United States (HTS); General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the girls’ jacket will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other women’s or girls’ garments, of man-made fibers, other, anoraks and similar articles. The duty rate will be 7.2% ad valorem.

The HTS subheading for each of the cardigans will 6110.30.3055, which provides for sweatersand similar articles, knitted: of man-made fibers: otherother: women’s. The duty rate will be 32.4% ad valorem.

The HTS subheading for each of the vests will be 6110.30.3035, which provides for sweaters(vests) and similar articles, knitted: of man-made fibers: otherother: vests, other than sweater vests: women’s. The duty rate will be 32.4% ad valorem.

The girl’s jacket falls within textile category designation 635. Each of the two cardigans falls in category 639. Each of the two vests falls in category 659. Based upon international textile trade agreements products of India and China 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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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