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NY I89864




February 7, 2003

CLA-2-61:RR:NC:TA:359 I89864

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Sandy Disher
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a woman’s cardigan from Honduras, the Dominican Republic and Mexico

Dear Disher:

In your letter dated January 13, 2003, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style J923, is a woman’s cardigan constructed from 50% polyester, 50% cotton knit fabric that is napped on one side. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a drawstring hood, long sleeves, a full front opening with a zipper closure and two pouch pockets at the waist. The sleeves, pockets, and bottom of the garment are finished with knit capping.

The applicable subheading for the cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

You have indicated in your letter that the fabric of the cardigan is a blend of 50% polyester, 50% cotton. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification of the subject garments.

The cardigan falls within textile category designation 639. Based upon international textile trade agreements this product from Mexico and Honduras is subject to quota, but does not require a visa. This product from the Dominican Republic is subject the quota and also 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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