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NY J83971




May 16, 2003

CLA-2-61:RR:NC:TA: 359 J83971

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Garth Pauley
Limited Brands Logistics Services
Four Limited Parkway
Reynoldsburg, Ohio 43068-5300

RE: The tariff classification of a woman’s cardigan from China

Dear Mr. Pauley:

In your letter dated May 1, 2003, on behalf of Limited Stores, Inc., 3 Limited Parkway, Columbus, OH 43230, you requested a tariff classification ruling.

The submitted sample, style number CSQ06037F3, is a woman’s cardigan that is constructed from 73% rayon, 23% nylon, 4% spandex, weft knit fabric with a 95% polyester, 5% spandex, woven lining. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a round neckline, long hemmed sleeves, a full front opening with a zipper closure, 2 front vertical inset pockets at the waist, and a hemmed bottom.

Although you propose that the garment is classified in item 6102.30.2010, we note that classification is precluded from 6102 HTS, because the garment does not provide a tightening at the sleeves or the waist. The garment also does not provide protection from the elements.

Your sample is being returned as requested.

The applicable subheading for the 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 cardigan falls within textile category designation 639. 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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