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NY H88451




March 14, 2002

CLA-2-61:RR:NC:TA:359 H88451

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030, 6110.11.0080

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 a cardigan from Hong Kong.

Dear Ms. Kuza:

In your letter dated March 4, 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 5760MYF2, is a woman’s sweater constructed from 100% boiled wool knit fabric. The fabric of the sweater has nine or fewer stitches per two centimeters in the horizontal direction. The sweater features a 2x2 ribbed knit mock collar, a full front opening with a zipper closure, two inset pockets below the waist with zipper closures, long sleeves with 2x2 ribbed knit cuffs, and a 2x2 ribbed knit bottom.

Style 5719MY is a woman’s cardigan constructed from 98% wool, 1% spandex, and 1% other fibers knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigan features a V-neckline, a full front opening with a zipper closure, two pouch pockets below the waist, long hemmed sleeves, and a hemmed bottom.

The applicable subheading for the woman’s sweater 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 rate of duty will be 16.2%.

The applicable subheading for the woman’s cardigan 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 rate of duty will be 16.2% ad valorem.

The sweater falls within textile category designation 446. The cardigan falls within textile category designation 438. Based upon international textile trade agreements products of Hong Kong 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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