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NY J81839




March 26, 2003

CLA-2-61:RR:NC:TA:359 J81839

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.12.2080

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

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

Dear Ms. Shira:

In your letter dated March 3, 2003, you requested a classification ruling on behalf of Polo Ralph Lauren, Lyndhurst, New Jersey. As requested, your sample is being returned to you.

Your sample, style 17632B, is a woman’s pullover constructed from 70% cashmere, 30% silk knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a boat neckline and two self-fabric ties at the waist. The long, full sleeves are formed by tacked stitches at the waist. The sleeves drape over the arms and are open underneath.

In your ruling request, you recommended classification of the submitted garment under HTS 6110.11.0080 as a pullover, of wool. However, since the pullover is in chief weight of cashmere, but is not wholly of cashmere, it is classified as a pullover of Kashmir (cashmere) goats: other: other.

The applicable subheading for the pullover will be 6110.12.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of Kashmir (cashmere) other: other: women’s. The duty rate will be 16.1% ad valorem.

The pullover falls within textile category designation 438. 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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