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NY H87427




March 6, 2002

CLA-2-61:RR:NC:WA:361 H87427

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.201; 6110.30.3055

Mr. Richard J. Oates
Page & Jones, Inc.
52 N. Jackson Street
Post Office Drawer J
Mobile, AL 36601

RE: The tariff classification of a pair of women’s knit velour pants and cardigan from China & Mexico.

Dear Mr. Oates:

In your letter dated, February 4, 2002, on behalf of your client Lucky Winner, Inc., you requested a classification ruling.

The submitted samples are described as follows:

The Pants of Style #246234, is a pair of women’s 100% polyester knitted velour pants. The pull-on pants feature an elasticized drawstring waistband and hemmed leg openings.

The Cardigan of Style #246234, is a woman’s 100% polyester knitted velour cardigan. The garment features a hood, long sleeves, a full front opening with a zipper closure, two kangaroo front pockets at the waist, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

The applicable subheading for the Pants of Style #246234, will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, other, trousers and breeches, women’s, other. The duty rate will be 28.6 % ad valorem.

The Pants of Style #246234 fall within textile category designation 648. Based upon international textile trade agreements this category from China is presently subject to quota restraints and visa requirements. The applicable subheading for the Cardigan of Style #246234, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers, other, other, women’s or girls’. The duty rate will be 32.4 % ad valorem.

The Cardigan of Style #246234 falls within textile category designation 639. Based upon international textile trade agreements this category from China is presently subject to quota restraints and visa requirements.

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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director,

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