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NY J81623




March 17, 2003

CLA-2-61:RR:NC:TA: 359 J81623

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030; 6102.10.0000

Mr. Paul Meyer
NIK and Associates
800 S. Hindry Avenue Unit A
Inglewood, CA 90301

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

Dear Mr. Meyer:

In your letter dated February 25, 2003, on behalf of DZ Trading Ltd., 110 E. 9th Street A1103, Los Angeles, CA 90079, you requested a tariff classification ruling.

You submitted four samples of women’s garments that are constructed from 100% wool knit fabric with woven man made fiber linings. The outer surface of each garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. Style W6 is a sweater that is constructed from a brushed wool fabric (the upper chest and upper back) and double knit fabric (the remainder of the sweater). The sweater features a mock collar, long sleeves with turn back cuffs, a full front opening with a zipper closure, and 2 front vertical pockets in the waist area. The collar, the sleeve cuffs, the placket, the pockets, and the bottom are finished with knit capping. Embroidered designs are on the collar, the upper chest, upper back, and the sleeve cuffs.

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

Style number J41 is a coat that is constructed from a boiled wool knit fabric. It extends from the shoulder to the mid thigh area and features the following: a mock collar; long sleeves with turn back cuffs; a full front opening with metal button closures; 2 front vertical zip pockets in the waist area; and side vents. The coat is normally worn over other garments for warmth and protection from the elements. Embroidered designs are on the collar and the sleeve cuffs.

Style J30 is a sleeveless sweater vest that is constructed from a boiled wool knit fabric. The sweater vest features a mock collar, oversized armholes, and a full front opening with 6 metal hook and eye closures. The collar, armholes, placket, and bottom are finished with knit capping. Embroidered designs are on the collar and the bottom area of the sweater vest. Decorative stitching is on the neckline, the armholes and the bottom area of the sweater vest.

Style number J35 is a sweater that is constructed from boiled wool knit fabric. The garment features a pointed collar, long sleeves with hemmed cuffs, a full front opening with 5 button closures, and a hemmed bottom. Embroidered designs are on the upper chest, the upper back and the sleeve cuffs. Decorative stitching which simulates a division of the garment into many separate panels, is found throughout the garment.

Your samples are being returned.

The applicable subheading for styles W6, J30 and J35, the sweaters and the sweater vest, will be 6110.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of wool or fine animal hair: of wool: sweaters: women’s. The duty rate will be 16.1% ad valorem.

The subheading for style J41, the coat, will be 6102.10.0000, which provides for women’s overcoats, carcoatsand similar articles, knitted, other than those of heading 6104: of wool or fine animal hair. The duty rate will be 57.1 cents/kg + 16.8% ad valorem.

Styles W6, J30 and J35, the sweaters and the sweater vest fall within textile category designation 446. Style J41, the coat, falls in category 435. 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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