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NY J80889




March 10, 2003

CLA-2-61:RR:NC:TA: 359 J80889

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Mr. Doug Hyland
Nordstrom, Inc.
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Hyland:

In your letter dated February 19, 2003, you requested a tariff classification ruling.

You submitted two samples of women’s garments that are constructed from 53% ramie, 44% cotton, 2% nylon, 1% spandex, jersey knit fabric. The outer surface of each garment measures more than 9 stitches per 2 centimeters in the horizontal direction. Style BP76367 is a pullover that features a drawstring hood, long sleeves with ribbed cuffs, a front kangaroo pocket, and a ribbed bottom

Style BP67670 is a cardigan that features a ribbed mock collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, and a ribbed bottom.

In your request you advocate that the pullover and the cardigan be classified in item number 6102.90.9030 of the tariff schedule, which is the provision for women’s windbreakers and similar articles, of other textile materials, other. However, we note that both of these styles consist of knitted fabric which is normally found on sweaters or cardigans. In addition, both garments are worn in a manner that is similar to that worn for sweaters or cardigans. Style BP76367 is a pullover and lacks a full-front opening, while Style BP67670, the cardigan, has full-fashion marks at its arm holes, which is a characteristic normally found on sweaters or garments similar to sweaters.

Your samples are being returned as requested.

The applicable subheading for each garment will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of other textile materials: otherother: women’s. The duty rate will be 6% ad valorem.

Each garment falls within textile category designation 838. Based upon international textile trade agreements products of China are not subject to quota nor 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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