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NY H88470




March 20, 2002

CLA-2-61:RR:NC:TA:359 H88470

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. Joseph R. Hoffacker
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two women’s sweaters from Bangladesh.

Dear Mr. Hoffacker:

In your letter dated March 1, 2002, on behalf of GoldenToo, New York City, you requested a classification ruling. As requested your samples are being returned to you.

Your sample, style 9746, is a woman’s cardigan sweater constructed from 100% acrylic 2x2 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 mock collar, long sleeves with turn up cuffs, a full front opening with a zipper closure, one 100% acrylic faux fur six inch insert on each of the front panels, and a high ribbed knit bottom.

Style 9099 is a woman’s sleeveless cardigan sweater constructed from 100% acrylic 2x2 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 mock collar, sleeveless armholes, a full front opening with a zipper closure, one eight inch 100% acrylic faux fur insert on each of the front panels, and a high ribbed knit bottom.

The essential character of both garment is given by the 2x2 ribbed knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the two sweaters will be 6110.30.3020, 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: sweaters: women’s. The duty rate will be 32.4%.

The sweaters fall within textile category designation 646. Based upon international textile trade agreements products of Bangladesh 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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