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NY J83988





May 28, 2003

CLA-2-61:RR:NC:TA:359 J83988

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2075

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

RE: The tariff classification of a woman’s knit cardigan, two knit pullovers and a tank top from China

Dear Mr. Spoto:

In your letter dated May 2, 2003, you requested a classification ruling on behalf of Summit Ridge Corp., New York, New York. As requested, your samples are being returned to you.

Your sample, style DP-0798, is a woman’s tank top constructed from 100% cotton 2x2 rib knit fabric. The garment features shoulder straps that are less than two inches wide and a square neckline in the front and the back.

Style DP-0797 is a woman’s cardigan constructed from 100% cotton 2x2 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 round neckline, long hemmed sleeves, a full front opening with seven button closures and a hemmed bottom. The neckline and placket are finished with decorative edging.

Style DP-0748 is a woman’s sleeveless pullover constructed from 100% cotton 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, hemmed armholes, a hemmed bottom, a 100% nylon mesh overlay covering the entire garment and decorative embroidery near the neckline.

Style DP-0755 is a woman’s pullover constructed from 100% cotton 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 round neckline, long hemmed sleeves, a hemmed bottom and a embroidered design in the center of the front of the garment.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women’s or girls’: other: tank tops: women’s. The duty rate will be 17% ad valorem.

The applicable subheading for the cardigan and the two pullovers 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 tank top, cardigan and two pullovers fall within textile category designation 339. 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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