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NY J83946




May 16, 2003

CLA-2-61:RR:NC:TA: 359 J83946

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6110.30.3055

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

RE: The tariff classification of two women’s garments from the Northern Mariana Islands and one woman’s garment from Macau

Dear Ms. Weiss:

In your letter dated May 1, 2003, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

You submitted three samples of women’s knit garments. Style E1TA40557 is a cardigan that is made from 100% polyester fleece knit fabric (the hood, the sleeves, sections of the front and back panels) and 2x2 rib knit fabric (the sleeve cuffs, sections of the front and back panels). The cardigan features a hood, long sleeves with ribbed cuffs, a full front opening with a zipper closure and a hemmed bottom. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The hood is finished with 2x2 rib knit fabric. The country of origin is the Northern Mariana Islands.

Style E1TA30597 is a 100% polyester, knit cardigan that features a hood, long sleeves with ribbed cuffs, a full front opening with a zipper closure, a drawstring in the bottom side seam on either side, and a hemmed bottom. The country of origin is the Northern Mariana Island.

Style E1TB30577 is a 95% cotton, 5% elastane knit jacket that is constructed from 2x2 ribbed fabric (the hood, the sleeves, sections of the front and back panels) and doubleknit fabric (sections of the front and back panels). The jacket features a drawstring hood, long 2x2 ribbed sleeves with self-fabric tightened cuffs, a full front opening with a zipper closure, and a self-fabric tightened bottom. The country of origin is Macau.

Your samples are being returned as requested.

The applicable subheading for each cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The duty rate will be 32.2% ad valorem.

The subheading for the jacket will be 6102.20.0010 which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16% ad valorem.

Each cardigan falls within textile category designation 639. The jacket falls in category 335. Based upon international textile trade agreements category 639 from the Northern Mariana Islands is neither subject to quota nor the requirement of a visa. Category 335 from Macau is 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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