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NY I89865




January 28, 2003

CLA-2-61:RR:NC:TA: 359 I89865

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Sandy Disher
Sara Lee Branded Apparel
100 East Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of a woman’s cardigan from various countries

Dear Ms. Disher:

In your letter dated January 13, 2003, you requested a tariff classification ruling.

The submitted sample, style number 4334, is a woman’s cardigan that is made from 50% polyester, 50% cotton, knit fabric that is brushed on the inner surface. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a drawstring hood, long hemmed sleeves, a full front opening with a zipper closure, front kangaroo pockets in the waist area, and a hemmed bottom.

Your sample is being returned as requested.

The applicable subheading for the cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The duty rate will be 32.2% ad valorem.

Due to the fact that the cardigan is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The cardigan will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The cardigan may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The cardigan falls within textile category designation 639. 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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