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NY I87568




November 21, 2002

CLA-2-61:RR:NC:TA: 359 I87568

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Kelly O’Neill
All-Ways Forwarding Int’l, Inc.
701 Newark Avenue, Suite 300
Elizabeth, NJ 07208

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

Dear Ms. O’Neill:

In your letter dated October 24, 2002, on behalf of Avirex Ltd., you requested a tariff classification ruling.

You submitted three samples. Style number S/71L700 is a woman’s cardigan that is constructed from 88% cotton, 12% polyester, brushed fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a ribbed collar, ¾ inch long sleeves, a full front opening with a zipper closure, and a hemmed bottom. Ribbed inserts are sewn at the armholes. The sleeves are finished with ribbed capping. Piping is sewn on the front panels. An “Avirex” logo is embroidered on the left at the bottom of the garment.

Style 72L701U is a woman’s cardigan that is constructed from 80% cotton, 20% polyester, velour knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a drawstring hood, ¾ inch long hemmed sleeves with elastic in the seam, a full front opening with a zipper closure, two zippered chest pockets, and a partial rib knit bottom. An “A” logo is embroidered on the left chest pocket. A floral design is on the right at the bottom of the garment.

Style 71L705W is a woman’s sleeveless pullover that is constructed from 100% cotton, knit and woven fabric. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a round neckline and a decorative woven tie bottom. The bottom ties on the right side. An “Avirex” logo is embroidered on the upper back.

The essential character of style 71L705W is given by the knit fabric; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), noted.

Your samples are being returned.

The applicable subheading for each of the three garments will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 17.3% ad valorem.

Each garment falls 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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