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NY J83359




March 14, 2003

CLA-2-61:RR:NC:TA:359 J83359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a woman’s cardigan from Macau and a pullover from Hong Kong.

Dear Ms. Weiss:

In your letter dated February 24, 2003, you requested a classification ruling on behalf of Jones Apparel Group. As requested, three of your samples are being returned to you. Styles C21I60948 and C21H10798 were sent for laboratory analysis. Their classification will be addressed under ruling number J81486.

We are returning your request for classification of style C1CC12998 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 faux suede fabric and the 1x1 ribbed 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 C2514047K, is a woman’s cardigan constructed from several panels of 59% polyester, 41% cotton openwork knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a woven shirt collar, long sleeves with two button woven cuffs, a full front opening with seven button closures and a hemmed bottom. The country of origin is Macau.

Style C1B812028 is a woman’s pullover constructed from two fabrics. The front panel of the garment is constructed from 64% rayon, 36% nylon 2x2 ribbed knit fabric. The back panel of the garment is constructed from 100% silk woven fabric. The front panel of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline and sleeveless armholes finished with knit capping and an adjustable belt at the back. The country of origin is Hong Kong.

The essential character of the pullover is given by the 64% rayon, 36% nylon knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the cardigan and 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 cardigan and the pullover fall within textile category designation 639. 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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