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NY I87644




November 1, 2002

CLA-2-61:RR:NC:TA: 359 I87644

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6110.90.9038

Ms. Esta Knipper
UTC Overseas, Inc.
420 Doughty Blvd.
Inwood, NY 11096

RE: The tariff classification of three women’s knit garments from China

Dear Ms. Knipper:

In your letter dated October 22, 2002, on behalf of Magaschoni Apparel Group, 525 7th Ave., New York, NY 10018, you requested a tariff classification ruling.

You submitted three samples of women’s garments that are made from 50% silk, 40% soybean, 10% cashmere, knit fabric. When you state that these products contain a percentage of soybean fibers, we are assuming that the term “soybean” refers to a man-made fiber which is derived from soybeans. In the case of these garments, the fact that they include soybean fibers in their fiber content breakdown, does not affect their tariff classification. Style L118038 is a woman’s pullover that features a V-neckline, long sleeves finished with ribbed edging, and a ribbed edge bottom. Ribbed fabric finishes the neckline and the center front. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style L118036 is a woman’s sweater that is made from a reverse jersey knit fabric and features a round neckline, long sleeves finished with ribbed edges, a full front opening with 7 button closures, and a ribbed edge bottom. A decorative stitched pattern is sewn though out the garment. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction.

Style L118035 is a woman’s sleeveless pullover style sweater that is made from reverse jersey knit fabric and features a round neckline and a ribbed edge bottom. Knit capping finishes the armholes and the neckline. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. A decorative stitched pattern is sewn through out the garment.

Your samples are being returned.

The applicable subheading for style L118038 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: otherother: other: women’s. The duty rate will be 6% ad valorem.

The applicable subheading for styles L118036 and L118035 will be 6110.90.9038, which provides for sweaters, knitted: of other textile materials: otherother: sweaters: other: of silk: other. The duty rate will be 6% ad valorem.

Style L118038 falls within textile category designation 838. Styles L118036 and L118035 fall in category 846. Based upon international textile trade agreements category 838 from China is not subject to quota but requires a visa. Category 846 is subject to quota and requires 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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