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NY H87984




February 13, 2002

CLA-2-61:RR:NC:TA:359 H87984

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030, 6104.43.1010

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

RE: The tariff classification of two women’s knit sweaters from the Philippines, a woman’s knit dress from Taiwan, and a woman’s sweater from Taiwan.

Dear Ms. Kuza:

In your letter dated, January 25, 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 9620, 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. The sweater has long sleeves, a pointed collar, a full front opening with five-button closures, and two inset pockets below the waist. The collar, pockets, sleeves are finished with a small amount of rabbit fur.

Style 9493, 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 sweater features a detachable faux fur collar, long sleeves with turn up cuffs, and a full front opening with a ribbed knit self-fabric belt. It extends from the shoulder to below the knee.

Style 4241JRF2 is a woman’s dress constructed from 50% acrylic, 50% mohair knit fabric. The dress features a hood and long sleeves. The sleeves and bottom are finished with knit stitching. The garment extends from the shoulder to the thigh area.

Style 4584JRF2 is a woman’s sweater constructed from 58% mohair, 24% acrylic, and 18% polyester knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The sweater features a round collar, long sleeves and a full front opening with two tie closures. The sleeves and bottom are finished with fringe. The garment extends from the shoulder to the calf area.

You have indicated in you letter the fabric of style number 4241JRF2 is a blend of 50% acrylic, 50% mohair. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fiber. Please be advised that a slight variation from the above stated fiber content may affect the classification of the subject garments.

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: women’s. The applicable duty rate will be 16.2% as valorem.

The applicable subheading for the woman’s dress will be 6104.43.1010 Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girl’s suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: dresses: of synthetic fibers: containing 23 percent or more by weight of wool or fine animal hair: women’s. The applicable duty rate will be 15.3% ad valorem.

The sweaters fall within textile category designation 446. The dress falls within textile category designation 436. Based on 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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