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NY H87360




February 7, 2002

CLA-2-61:RR:NC:TA:359 H87360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030, 6104.31.0000

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

RE: The tariff classification of three women’s sweaters, and a woman’s suit-type jacket from Hong Kong.

Dear Mr. Kelly:

This letter replaces New York Ruling Letter (NYRL) NY H86913 that was issued to you on January 25, 2002. In your letter dated January 29, 2002 you requested that style number M1C31288 be changed to M1CF31288 and that M1TM35168 be changed to M1TH35168. Please see the changes below.

In your letter dated January 11, 2002, on behalf of Jones Apparel Group USA Inc., you requested a classification ruling. As requested, your samples are being returned to you.

Your sample, style M1CF31288 is a woman’s sweater constructed from 100% wool 3x3 ribbed knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a shawl collar, long sleeves, and a full front opening with a self-fabric belt closure. It extends from the shoulder to the calf area.

Style M1TM35148 is a woman’s sweater constructed from 70% wool, 30% silk knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The sweater has long sleeves, a shawl collar, a full frontal opening with five button closures and a hemmed bottom. It extends from the shoulder to the calf area.

Style M1TH35168 is a woman’s sweater constructed from 100% wool knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. It features a hood, long sleeves, a full front opening with nine-button closures, a ribbed knit fabric belt, and a hemmed bottom.

Style N 21960048 is a woman’s suit-type jacket constructed from 100% wool knit fabric. The jacket is tailored and has more than three panels, of which two are at the front sewn together lengthwise. It features princess seams, a pointed collar, long hemmed sleeves, a full front opening with four button closures, and two vertical inset pockets.

The applicable subheading for the three women’s sweaters will be 6110.11.0030 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: of wool: sweaters: other. The duty rate will be 16.2% ad valorem.

The applicable subheading for the suit-type jacket will be 6104.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: suit-type jackets or blazers: of wool or fine animal hair. The duty rate will be 57.5 cents/kg +16.8% ad valorem.

The sweaters fall within textile category designation 446. The suit-type jacket falls within textile category 435. Based on international textile trade agreements products of Hong Kong are subject to quota restraints 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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