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NY J81469




March 10, 2003

CLA-2-61:RR:NC:TA: 359 J81469

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated February 21, 2003, on behalf of Supreme Apparel, Inc., 1411 Broadway, New York, NY 10018, you requested a tariff classification ruling.

The submitted sample, style number 2470, is a woman’s sweater that is constructed from 100% acrylic, 2x2 rib knit fabric (the sleeves, the back panel, decorative textile stitching on the front between the leather patches) and pigskin leather (patch work sections of the front panel). The outer surface of the knit fabric measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a round neckline, long sleeves, and a full front opening with 7 button closures. The leather patches are connected with decorative stitching. The neckline and the bottom front panels are finished with decorative textile stitching.

In your request you suggest that the tariff classification may possibly be 4203.10.4095, HTS. However, the front panels are not entirely leather. Therefore, the essential character of the sweater is the knit portion of the garment.

The essential character is given by the 2x2 rib knit fabric; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3, noted.

Your sample is being returned.

The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of man made fibers: otherother: sweaters: women’s. The duty rate will be 32.2% ad valorem.

The sweater falls within textile category designation 646. 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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