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NY I88388




December 10, 2002

CLA-2-61:RR:NC:TA: 359 I88388

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6110.90.9038

Mr. Frank Saviano
Agra-Service Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

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

Dear Mr. Saviano:

In your letter dated November 19, 2002, on behalf of High Fashion Garments, Inc., 499 Mill Road, Edison, NJ, 08837, you requested a tariff classification ruling.

You submitted three samples. Style number HF1 is a woman’s pullover that is constructed from 52% silk, 45% linen, 3% nylon, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a U-neckline and short sleeves. The neckline, sleeves and the bottom are finished with decorative stitching.

Style number HFG2 is a woman’s sleeveless pullover that is constructed from 52% silk, 45% linen, 3% nylon, 3x2 rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a scoop neckline and a straight bottom.

Style number HFG03 is a woman’s sweater that is constructed from 55% silk, 45% linen, cableknit fabric. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a crew neckline, long sleeves with ribbed cuffs, a full front opening with 7 button closures, and a ribbed bottom.

Your samples are being returned as requested.

The applicable subheading for styles HF1 and HFG2 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: otherother: women’s. The duty rate for 2002 and 2003 will be 6% ad valorem.

The subheading for style HFG03 will be 6110.90.9038, which provides for sweaters, knitted: of other textile materials: other: sweaters for women and girls: other: of silk: other. The duty rate for 2002 and 2003 will be 6% ad valorem.

Styles HF1 and HFG2 fall within textile category designation 838. Style HFG03 falls in category 846. Based upon international textile trade agreements category 838 from China is neither subject to quota nor the requirement of a visa. Category 846 from China is 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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