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NY I87666




November 29, 2002

CLA-2-61:RR:NC:TA:N3:356 I87666

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.19.0015

Mr. Nestor Zamora
Ms. Monica Zamora
Talentos
2346 Laurana Road
Union, NJ 07083

RE: The tariff classification of a sweater from Bolivia.

Dear Mr. Zamora and Ms. Zamora:

In your letter dated November 3, 2002, you requested a tariff classification ruling. As requested, your sample will be returned.

The submitted sample is a sweater constructed from 100 percent alpaca hair. The fabric measures 5 stitches per two centimeters counted in the horizontal direction. The garment has a V-neckline; a full front, left over right opening with three button closures; long sleeves with rib knit cuffs; and a rib knit bottom.

Although you state that the sample is a ladies garment, it will be classified as a man’s garment because of the left over right front opening. Consequently, the applicable subheading for the submitted sample will be 6110.19.0015, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: other: sweaters: men's. The general rate of duty will be 16.2 percent ad valorem.

You also inquired about the duty status of this merchandise under the Andean Trade Preference and Drug Eradication Act (ATPDEA). As of the date of this ruling, preferential duty treatment has not been established for this merchandise from Bolivia. However, we suggest that you monitor the Federal Register for a Presidential Proclamation that may change this status.

The sweater falls within textile category designation 445. Based upon international textile trade agreements, products of Bolivia are not presently subject to visa requirements or quota restraints. 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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