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NY H87716




February 27, 2002

CLA-2-61:RR:NC:TA:359 H87716

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030, 6110.11.0080, 6110.30.3055

Ms. Karen Kuza
The Marmaxx Group
Attention: Imports Rt. X4S
770 Cochituate Road
Framingham, MA 01701

RE: The tariff classification of a woman’s knit sweater and knit cardigan from Taiwan and a woman’s knit cardigan from the Philippines.

Dear Ms. Kuza:

In your letter dated February 11, 2002, you requested a classification ruling on behalf of Newton Buying Corp. and Marshalls of MA, Inc. As requested, your samples are being returned to you.

Your sample, style 9621, is a woman’s cardigan constructed from 100% boiled wool knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigan features a convertible collar, long sleeves, a full front opening with a zipper closure, and two patch pockets below the waist. The sleeves and bottom are finished with ribbed knit capping.

Style 4051JRF2 is a woman’s cardigan constructed from 89% acrylic, 10% nylon, 1% spandex 1x1 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigan has a hood, long sleeves, a full front opening with a zipper closure, a ribbed knit fabric belt, and a patch pocket at the chest. The placket, hood, sleeves, bottom, belt and pocket are finished with decorative stitching. The garment extends from the shoulder to the thigh area.

Style 4043JRF2 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. It features a 1x1 ribbed knit shawl collar, long sleeves, a 1x1 ribbed knit fabric belt, a knit interior tie at the waist, and a full front opening with one snap closure. The garment extends from the shoulder to below the knee.

The applicable subheading for style 9621 will be 6110.11.0080 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: other: women’s. The applicable duty rate will be 16.2% ad valorem. The applicable subheading for style 4051JRF2 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: other: other: other: women’s. The applicable duty rate will be 32.4% ad valorem.

The applicable subheading for style 4043JRF2 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: women’s. The applicable duty rate will be 16.2% ad valorem.

Style 9621 falls within textile category designation 438. Style 4051JRF2 falls within 639. Style 4043JRF2 falls within 446. Based upon international textile trade agreements products of Taiwan and the Philippines 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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