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NY J81630




March 17, 2003

CLA-2-61:RR:NC:TA:359 J81630

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Matthew Leader
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a woman’s pullover from Hong Kong

Dear Mr. Leader:

In your letter dated February 27, 2003, you requested a classification ruling on behalf of Bernard Chaus, Secaucus, New Jersey. As requested, your sample is being returned to you.

Your sample, style 11938, is a woman’s pullover constructed from two fabrics. The entire front of the garment is constructed from five panels of 100% polyester faux suede knit fabric. The back panel and sleeves are constructed from 70% acrylic, 30% cotton 2x2 ribbed knit fabric. The outer surface of the front of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 2x2 ribbed knit mock collar and long sleeves.

The essential character of the sweater is given by the 100% polyester faux suede fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the pullover 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 pullover falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong 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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