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NY I81249





May 29, 2002

CLA-2-61:RR:NC:TA:359 I81249

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9066; 6110.90.9042

Mr. Naweed Shaw
Spex Clothing Co., Inc.
501 Windsor Drive
Secaucus, NJ 07094

RE: The tariff classification of two women’s knit garments from Hong Kong or China

Dear Mr. Shaw:

This is a replacement letter for New York Ruling Letter (NYRL) I80045, dated April 9, 2002, which was issued to your broker, Classic Custom Brokers, Corp. In your letter dated April 26, 2002, you submitted additional information regarding the two styles which were the subject of the NYRL. Specifically, you state that the knit pile fabric pieces on the front of each style are appliques which are sewn onto the existing garments. Since these fabric pieces are appliques which are added to already existing apparel, they are not considered in determining the classification of the garments. In view of this new information please note the following.

In your letter dated March 28, 2002, on behalf of Spex Clothing Co., you requested a tariff classification ruling.

Style number 120335A is a woman’s sleeveless vest that is constructed from three fabrics: 100% polyester, knit pile fabric appliques (sewn onto the front panels of the vest except for the waistband); 55% ramie, 45% acrylic, 2x2 rib knit fabric (the collar, the armholes, the back panel and the waistband of the front panels); and 55% ramie, 45% acrylic jersey knit fabric underneath the knit pile fabric at the front except for the waistband.

Style 774221855 is a woman’s sleeveless sweater vest that is constructed from three fabrics: 100% polyester knit pile fabric appliques (sewn onto the front panels of the sweater except for the waistband); 55% ramie, 45% acrylic jersey knit fabric underneath the knit pile fabric at the front except for the waistband; and 55% ramie, 45% acrylic 2x2 rib knit fabric (the collar, the armholes, the back panel and the waistband of the front panels).

Each style features a mock collar, oversized armholes and a full-front opening with a zipper closure.

For Style 120335A, the vest, the jersey knit fabric underneath the appliqued knit pile fabric at the front measures nine or fewer stitches per two centimeters in the direction in which the stitches were formed; while the rib knit fabric at the back measures more than nine stitches per two centimeters in the direction in which the stitches were formed.

For Style 774221855, the sweater vest, the jersey knit fabric underneath the appliqued knit pile fabric at the front and the rib knit fabric at the back each measures nine or fewer stitches per two centimeters in the direction in which the stitches were formed.

The essential character of style 120335A, the vest, is given by the rib knit back panel, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3(c), noted.

Your samples are being returned.

The applicable subheading for style 120335A, the vest, will be 6110.90.9066, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters(vests) and similar articles, knitted: of other textile materials: otherother: vests, other than sweater vests: women’s. The duty rate will be 6% ad valorem.

The applicable subheading for style 774221855, the sweater vest, will be 6110.90.9042, HTS, which provides for sweaters, knitted: of other textile materials: other: sweaters: other. The duty rate will be 6% ad valorem.

Style 120335A, the vest, falls within textile category designation 859. Style 774221855, the sweater vest, falls in category 845. Based upon international textile trade agreements products of China and 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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