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NY J80684





February 28, 2003

CLA-2-61:RR:NC:TA:359 J80684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1520

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of a woman’s sweater from China

Dear Mr. Weinrauch:

In your letter dated January 30, 2003, you requested a classification ruling on behalf of Harve Benard, New York, New York. As requested, your sample is being returned to you.

Your sample, style 2345, is a woman’s sweater constructed from two fabrics. The front panel is constructed from 70% acrylic, 30% wool double knit fabric. The sleeves, back panel, and bottom band are constructed from 63% rayon, 37% nylon jersey knit fabric. The outer surface of the front panel of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a 1x1 ribbed knit mock collar, long sleeves with ribbed knit cuffs, and a banded bottom.

The applicable subheading for the sweater will be 6110.30.1520, 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: containing 23 percent or more by weight of wool or fine animal hair: sweaters: women’s. The duty rate will be 17% ad valorem.

The essential character of the sweater is given by the double knit fabric of the front panel, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The sweater falls within textile category designation 446. Based upon international textile trade agreements products of China are 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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