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NY I85047




September 5, 2002

CLA-2-61:RR:NC:TA:359 I85047

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6109.10.0070; 6110.20.2075

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

RE: The tariff classification of three women’s knit garments: a pullover, a jacket and a garment similar to a tank top from Hong Kong

Dear Mr. Kelly:

In your letter dated August 16, 2002, you requested a classification ruling on behalf of Jones Apparel Group USA, Inc. As requested, your sample is being returned to you.

Your sample, style U3JAPF147, is a woman’s jacket constructed from 95% cotton, 5% spandex knit fabric. The garment features a drawstring hood, long sleeves with ribbed knit cuffs, a full front opening with a zipper closure, two pouch pockets at the waist, and a ribbed knit bottom.

Style U3JDTE618 is a sleeveless pullover constructed from 100% cotton knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features one-inch shoulder straps, a U-shaped neckline in front and back, a belt-like tightening at the waist, and a four-inch crocheted bottom.

Style U3JDZF587 is a woman’s sleeveless garment similar to a tank top constructed from 100% cotton ribbed knit fabric. The garment features a U-shaped neckline in the front and back that falls below the nape of the neck, shoulder straps, a partial front opening with six snap closures, hemmed bottom and lace trimming around the armholes. The garment extends below the waist.

The applicable subheading for the woman’s jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16.1% ad valorem.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 17.3% ad valorem.

The applicable subheading for the woman’s garment similar to a tank top will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women’s or girls’: other: other. The duty rate will be 17.4% ad valorem.

The jacket falls within textile category designation 335. The pullover and the woman’s garment similar to a tank top fall within textile category designation 339. 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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