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NY J81997




March 26, 2003

CLA-2-61:RR:NC:TA:359 J81997

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080, 6110.11.0030

Ms. Karen Kuza
The Marmaxx Group
770 Cochituate Road
Framingham, Massachusetts 01701

RE: The tariff classification of two women’s cardigans from Hong Kong and a woman’s sweater from Macau

Dear Ms. Kuza:

In your letter dated March 11, 2003, you requested a classification ruling on behalf of Newton Buying Corporation and Marshalls of MA, Inc. As requested, your samples are being returned to you.

We are returning your request for classification of style 5739MYF3 because we need additional information in order to issue a ruling on that garment. The percentage breakdown for the surface area, weight and value of both the brushed knit fabric and the cable knit fabric must be submitted. When this information is available, you may wish to resubmit your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs Service, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Ruling Section.

Your sample, style 5572MYF3, is a woman’s cardigan constructed from 100% boiled wool knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar, long sleeves, two patch pockets at the waist, a full front opening with one hook-and-eye closure at the neck, and a hemmed bottom. The garment also features decorative embroidery at the collar and on the pockets. The country of origin is Hong Kong.

Style 5575MYF3 is a woman’s cardigan constructed from 100% boiled wool knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar, long sleeves with cuffs constructed from decorative embroidered fabric, a full front opening six hook-and-eye closures. The collar, placket and bottom are finished with ½ inch wide embroidered overlays. The country of origin is Hong Kong.

Style 5740MYF3 is a woman’s sweater constructed from 100% boiled wool knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a lapel collar, long sleeves, a full front opening with three button closures, two pouch pockets below the waist, two false seams on the front and three false seams on the back panel that run vertically from the shoulder to the bottom of the garment. The country of origin is Macau.

The applicable subheading for the two cardigans will be 6110.11.0080, 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 wool: other: women’s. The duty rate will be 16.1% ad valorem.

The applicable subheading for the sweater will be 6110.11.0030, 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 wool: sweaters: women’s. The duty rate will be 16.1% ad valorem.

The cardigans fall within textile category designation 438. The sweater falls within textile category designation 446. Based upon international textile trade agreements products of Hong Kong and Macau 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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