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NY J81590




April 3, 2003

CLA-2-61:RR:NC:TA:359 J81590

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

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

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

Dear Mr. Spoto:

In your letter dated March 4, 2003, you requested a classification ruling on behalf of Oved Apparel Corporation, New York, New York. As requested, your sample is being returned to you.

Your sample, style 3873T, is a woman’s cardigan constructed from three fabrics. The back panel and sleeves are constructed from 100% acrylic 1x1 rib knit fabric. The front of the garment is constructed from six panels of 100% polyester faux suede knit fabric and two panels of 100% polyester faux leather woven fabric. The outer surface of both the polyester knit fabric and the acrylic rib knit fabric measure more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar, long sleeves and a full front opening with a zipper closure.

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

In your ruling request, you recommended classification of the submitted garment under HTS 6102.30.2010, however, the garment is not similar to the terms of the headings found in 6102.

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.

The cardigan falls within textile category designation 639. Based upon international textile trade agreements products of Korea 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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