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NY I80114




April 10, 2002

CLA-2-61:RR:NC:TA:359 I80114

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030; 6110.11.0080

Mr. James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of three women’s knit garments from Hong Kong and Thailand

Dear Mr. Kelly:

In your letter dated April 2, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted three samples of women’s garments that are constructed from 100% wool, brushed fabric. Style number P19D10565 is a woman’s sweater that extends from the shoulder to below the knee. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a pointed collar, long sleeves, a full front opening with a snap closure, and 2 front patch pockets below the waist. The collar, sleeves, pockets and the bottom are finished with knit stitching.

Style number P19E45558 is a woman’s sweater that is constructed from 100% boiled wool knit fabric (large sections of the two front panels) and 100% wool 2x2 rib knit fabric (the collar, the sleeves, the back panel, and small sections of the front panels. The outer surface of the rib knit fabric measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a mock collar, long sleeves, a full front opening with a zipper closure, and 2 front vertical pockets with zipper closures at the waist. The essential character is given by the rib knit fabric; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Style number P53E36638 is a woman’s cardigan that is constructed 100% wool, brushed knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a 100% polyester faux suede pointed collar, long sleeves with faux suede elbow patch overlays, and a full front opening with a zipper closure. The sleeves, the placket, and the bottom are finished with knit fabric.

Your samples are being returned.

The applicable subheading for the two sweaters will be 6110.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of wool or fine animal hair: of wool: sweaters: women’s. The duty rate will be 16.2% ad valorem.

The subheading for the cardigan will be 6110.11.0080, which provides for sweatersand 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 sweaters falls within textile category designation 446. The cardigan falls in category 438. Based upon international textile trade agreements products of Hong Kong and Thailand 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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