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NY I89823




February 11, 2003

CLA-2-61:RR:NC:TA:359 I89823

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Ms. Christine Blackstone
Gemm Customs Brokers
420 West Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of five women’s cardigans from China

Dear Blackstone:

In your letter dated January 10, 2003, you requested a classification ruling on behalf of Arriviste, New York, New York. As requested, your samples are being returned to you.

Your sample, style T073311, is a woman’s cardigan constructed from 55% ramie, 45% cotton knit fabric. The sleeves, back panel and the lower portion of the front panels are constructed from 6x2 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar, long sleeves, a full front opening with four button closures, 100% polyester faux suede overlay on the upper portion of the front two panels of the garment and a three inch crocheted insert below the waist.

Style T073312 is a woman’s cardigan constructed from 55% ramie, 45% cotton knit fabric. The sleeves, back panel except the shoulder yoke and collar are constructed of 2x2 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 2x2 ribbed knit mock collar, long sleeves, a full front opening with a zipper closure, two seven inch side slits and a 100% polyester faux suede overlay on the front two panels and the back shoulder yoke of the garment.

Style T073313 is a woman’s cardigan constructed from 55% ramie, 45% cotton knit fabric. The sleeves and the back panel except the shoulder yoke are constructed from 2x2 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a faux suede pointed collar, long sleeves, a full front opening with seven button closures and a 100% polyester faux suede overlay on the front two panels and the back shoulder yoke of the garment.

Style T073314 is a woman’s cardigan constructed from 55% ramie, 45% cotton knit fabric. The sleeves, back panel and collar are constructed from 3x3 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar, long sleeves, a full front opening with five button closures, two patch pockets below the waist and a 100% polyester faux suede overlay on the front two panels of the garment.

Style T073315, is a woman’s cardigan constructed from 55% ramie, 45% cotton knit fabric. The sleeves and back panel are constructed from 2x2 ribbed knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 2x2 ribbed knit lapel collar, long sleeves, a full front opening with five button closures, a faux suede tie belt at the waist, two-inch 1x1 ribbed knit inserts on the front of the garment and a 100% polyester faux suede overlay on portions of the front two panels excepting the 1x1 ribbed knit inserts.

The essential character of all five cardigans is given by the ribbed knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for all five cardigans will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be six percent ad valorem.

The cardigans fall within textile category designation 838. Based upon international textile trade agreements these product from China are not subject to quota or 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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