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NY J82428





April 11, 2003

CLA-2-61:RR:NC:TA: 359 J82428

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. Raymond Quiles
Savant Customs Brokers & Freight Forwarders, Inc. 11 Broadway, Suite 1068
New York, NY 10004

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

Dear Mr. Quiles:

In your letter dated March 25, 2003, on behalf of Hampshire Designers, Inc., you requested a tariff classification ruling.

You submitted four samples of women’s sweaters that are constructed from suede (patchwork sections of the front panels) and 55% ramie, 45% acrylic 2x2 rib knit fabric (the collars, the sleeves, the back panels, and on some of the plackets). There is also decorative crocheted stitching on the front between the suede patches on styles 810 and 812. The outer surface of the rib knit fabric of each of the sweaters measures 9 or fewer stitches per 2 centimeters in the horizontal direction. Style number 810 is a sleeveless sweater vest that features a turn down collar, a full front opening with a zipper closure, a ribbed bottom on the front, and a cable knit front placket.

Style number 802 is a sweater that features a pointed collar, long sleeves, and a full front opening with a zipper closure. The suede patches on the front are sewn to each other but they do not cover the entire front. On each side of the front there is a strip of 2x2 rib knit fabric.

Style number 791 is a sleeveless sweater vest that features a mock collar and a full front opening with a zipper closure. The suede patches on the front are sewn to each other but they do not cover the entire front. On each side of the front there is a strip of 2x2 rib knit fabric.

Style number 812 is a sweater that features a mock collar, long sleeves, and a full front opening with a zipper closure. This style does not have knit fabric in the placket area. On each side of the front there is a strip of 2x2 rib knit fabric.

The essential character of each of the sweaters is given by the 2x2 rib knit fabric; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Your samples are being returned as requested.

The applicable subheading for each of the sweaters will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women and girls: otherother. The duty rate will be 6% ad valorem.

Each sweater falls within textile category designation 845. 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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