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NY H89029




March 22, 2002

CLA-2-61:RR:NC:TA:359 H89029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of five women’s knit cardigans from Hong Kong

Dear Ms. Weinberg:

In your letter dated March 4, 2002, on behalf of Bernard Chaus, Inc., you requested a tariff classification ruling.

You submitted five samples of women’s cardigans that are constructed from 100% wool, brushed knit fabric. The outer surface of the five garments measures more than 9 stitches per 2 centimeters in the horizontal direction. Style 10797 extends from the shoulder to the knee area and features a notched-lapel collar, shoulder pads, long sleeves, and a full front opening with 3 button closures. The collar, sleeves, placket and bottom are finished with ribbed fabric.

Style 11214 extends from the shoulders to the mid-thigh area and features a notched-lapel collar, shoulder pads, long sleeves, a full front opening with no means of closure, 2 belt loops, a ribbed tie belt at the waist, and 2 front patch pockets below the waist. The collar, sleeves, placket, pockets, and the bottom are finished with ribbed fabric. The cardigan and the ribbed tie belt are considered composite goods. The essential character is given by the cardigan, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Style 11104 extends from the shoulders to the mid-thigh area and features a turn down collar with 10 buttons that secure a detachable faux fur shawl collar, long sleeves, a full front opening with no means of closure, 2 front patch pockets in the waist area, 2 belt loops, and a ribbed tie belt at the waist. The turn down collar, sleeves, placket, pockets, and the bottom are finished with rib knit fabric. The cardigan, the shawl collar and the ribbed tie belt are considered composite goods. The essential character is given by the cardigan, HTS, GRI, Rule 3, noted.

Style 10555 extends from the shoulders to the mid-thigh area and features shoulder pads, a shawl collar, long sleeves, a full front opening with no means of closure, 2 front patch pockets below the waist, 2 belt loops, and a 80% PVC, 20% polyurethane buckled belt at the waist. The collar, sleeves, placket, pockets, and the bottom are finished with knit stitching. The cardigan and the PVC belt are classified as a set. The essential character is given by the cardigan, HTS, GRI, Rule 3, noted.

Style 11145 extends from the shoulders to the waist and features a pointed collar, long sleeves, a full front opening with 7 button closures, and 2 front vertical inset pockets in the waist area. The collar, sleeves, placket, pockets, and the bottom are finished with knit stitching.

Your samples are being returned as requested.

The applicable subheading for each of the five cardigans will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16.2% ad valorem.

Each of the five cardigans falls within textile category designation 438. The PVC belt of style 10555 does not have a designated category and is neither subject to quota nor visa requirements. 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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