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NY H89038




March 20, 2002

CLA-2-61:RR:NC:TA:359 H89038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055, 6104.33.2000

Ms. Susan Shibish
Logistics Coordinator
Weekenders International
75 Frontenac Drive
Markham, ON, Canada L3R 6H2

RE: The tariff classification of three women’s knit cardigans and a suit-type jacket from Canada.

Dear Ms. Shibish:

In your letter dated March 5, 2002 you requested a classification ruling. As requested, your samples are being returned to you.

Your sample, style 558/789 is a woman’s cardigan constructed from 50% polyester, 50% cotton knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigan features a pointed collar, long hemmed sleeves, a full front opening with a zipper closure, removable shoulder pads, and a hemmed bottom.

Styles 559 and 560 are women’s cardigans constructed from 50% polyester, 50% cotton knit fabric. The outer surface of each garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigans both feature a pointed collar, long hemmed sleeves, a full front opening with four button closures, two front inset pockets at the waist, removable shoulder pads, and a hemmed bottom.

Style 556 is a woman’s suit-type jacket constructed from 45% polyester, 29% cotton and 26% acrylic knit fabric. The garment is tailored and has three panels, of which two are at the front sewn together lengthwise. It features a notched lapel collar, removable shoulder pads, long hemmed sleeves, two front inset pockets below the waist, a full front opening with four button closures, and a hemmed bottom.

The applicable subheading for the cardigans will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullover, sweatshirts, waistcoats (vest) and similar articles, knitted or crocheted: of man-made fibers: other: other: other other: other: women’s. The duty rate will be 32.4% ad valorem.

The applicable subheading for the suit-type jacket will be 6104.33.2000, Harmonized Tariff Schedule of the United States (HTS), which provided for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dressers, skirts, trousures, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: suit-type jackets and blazers: of synthetic fibers: other. The duty rate will be 28.6% ad valorem.

You have indicated in your letter that the fabric of the cardigans is a blend of 50% polyester, 50% cotton. 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 fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification of the subject garments.

The cardigans fall within textile category designation 639. The suit-type jacket falls within textile category designation 635. Based upon international textile trade agreements products of Canada are not subject to quota and do not require a visa at this time.

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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