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NY J83539




April 28, 2003

CLA-2-61:RR:NC:TA:359 J83539

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6110.90.9042; 6110.90.9090

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s knit pullover from China, a pullover from Burma and two women’s sweaters from Korea.

Dear Mr. Ortiz:

In your letter dated April 9, 2003, you requested a classification ruling on behalf of Cherry Stix Ltd., New York, New York. You make reference to five different style numbers in your letter. Only four samples were included with this request. We can only issue a ruling on the four samples that were included. As requested, your samples are being returned to you.

Your sample, style JD169, is a woman’s pullover constructed from 53% ramie, 40% cotton, 6% nylon, 1% spandex jersey knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline with a 100% polyester woven shirt type collar, long sleeves with 100% polyester woven cuffs and a 1x1 rib knit bottom. The country of origin is China.

Style 6021C is a woman’s pullover constructed from 60% cotton, 40% polyester variable rib knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a U-shaped neckline with 60% cotton, 40% polyester woven shirt type collar, long woven sleeves, and a woven shirttail. The country of origin is Burma.

Style 2787 is a woman’s sweater constructed from 55% ramie, 15% wool, 15% acrylic, 15% nylon variable cable and rib knit fabric on the front of the garment and jersey knit fabric on the back and sleeves. The outer surface of both fabrics of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline with a 60% cotton, 40% polyester woven shirt type collar, long sleeves with 2x2 rib knit cuffs, a 2x2 rib knit bottom with two inch side slits and a 60% cotton, 40% polyester woven shirttail. The country of origin is Korea.

Style 2788 is a woman’s sweater constructed from 55% ramie, 15% wool, 15% acrylic, 15% nylon variable cable and rib knit fabric on the front and a jersey knit fabric on the back and the sleeves. The outer surface of both fabrics of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline with a 60% cotton, 40% polyester woven shirt type collar, long 60% cotton, 40% polyester woven sleeves, a 2x2 rib knit bottom with two inch side slits and a 60% cotton. 40% polyester woven shirttail. The country of origin is Korea.

The applicable subheading for style JD169 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be six percent ad valorem.

The applicable subheading for style 6021C will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.9% ad valorem.

The applicable subheading for style 2787 and style 2788 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women’s or girls: other: other: other. The duty rate will be six percent ad valorem.

Based upon international textile trade agreements products of certain countries are subject to quota and the requirement of a visa. Style JD169 falls within textile category designation 838 and is not subject to quota or the requirement of a visa from China. Style 6021C falls within textile designation 339 and is not subject to quota or the requirement of a visa from Burma. Style 2787 and style 2788 fall within textile designation 845 and 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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