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NY I82276




June 17, 2002

CLA-2-61:RR:NC:TA: 359 I82276

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Ms. Debbie DeEsposito
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification a woman’s sweater from China

Dear Ms. DeEsposito:

In your letter dated June 4, 2002, on behalf of Design Liaison, 561 Seventh Ave., 12th Fl., New York, NY, 10018, you requested a tariff classification ruling.

The submitted sample, style number 4380, is a woman’s cardigan sweater that is constructed from 100% boiled wool, knit fabric (the collar, the placket, the sleeves, the bottom) and 60% linen, 40% cotton, jersey knit fabric (the front panels except the bottom and the placket, the back panel except the bottom). You state that the boiled wool fabric comprises 15% of the garment and that the jersey knit fabric comprises 85% of the garment. The outer surface of the jersey knit fabric measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a shawl collar, long sleeves with turn back cuffs, a full front opening with no means of closure, and 2 side slits. The five inch long bottom is sewn onto the jersey knit front and back panels.

The essential character is given by the jersey knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), noted.

Your sample is being returned.

The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: otherother. The duty rate will be 6% ad valorem.

The sweater falls within textile category designation 845. Based upon international textile trade agreements products of China 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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