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NY J84115

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June 11, 2003

CLA-2-61:RR:NC:TA:359 J84115

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090; 6110.90.9010; 6110.30.3020

Mr. Scott Perroncino
Classic Custom Brokers, Corp.
Cargo Building #80, Room 205
J.F.K. International Airport
Jamaica, New York 11430

RE: The tariff classification of a three women’s sweaters and a hat from China and Hong Kong

Dear Mr. Perroncino:

In your letter dated May 7, 2003, you requested a classification ruling on behalf of SZ Weekends LLC. As requested, your samples are being returned to you.

Your sample, style 7113-522-51BL, is a woman’s sleeveless halter constructed from 55% ramie, 45% cotton crocheted fabric. The garment features a halter style tie at the neck, a decorative tie at the bust line and a scalloped bottom.

Style 120852 is woman’s sweater constructed from 85% acrylic, 15% wool knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline, long flared sleeves, and a detachable scarf secured with one button.

The detachable scarf and sweater are classified as composite goods. The essential character is given by the sweater, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretations (GRI), Rule 3, noted.

Style 030560 is a two piece garment comprised of a woman’s sweater and a hat. The woman’s sweater and hat are constructed from 85% acrylic, 15% wool knit. The ski-type hat has two pom-poms on top. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a boat shaped neckline with a mock collar, long sleeves with 2x2 rib knit cuffs and a 2x2 rib knit bottom.

The applicable subheading for style 7113-522-51BL will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of other textile materials: other: tops. The duty rate will be 5.6% ad valorem.

The applicable subheading for style 120852 and the sweater of style 030560 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of man made fibers: otherother: sweaters: women’s. The duty rate will be 32.2% ad valorem.

The subheading for the hat of style 030560 will be 6505.90.6090, which provides for hats and other headgear, knitted: of man made fibers: knitted or crocheted or made up from knitted or crocheted fabric: other. The duty rate will be 22 cents/kg + 7.7% ad valorem.

Style 120852 and the sweater of style 030560 fall with textile category designation 646. The hat falls in category 659. Based upon international textile trade agreements these products of Hong Kong and China are subject to quota and the requirement of a visa. Style 7113-522-51BL falls within textile category designation 838 and is not subject to quota or require a visa from Hong Kong or China.

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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See also:

• Tariff No.: 6110.30.30 - Sweaters, pullovers and similar articles, knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6110.90.90 - Sweaters, pullovers, sweatshirts, vests and sim articles, of text mat (except wool, cotton or mmf), containing under 70% by wt of silk, k/c
• Tariff No.: 6114.90.90 - Other garment, nesoi, of textile materials (except wool, cotton or mmf), containing under 70% by wt of silk or silk waste, knitted/crocheted
• Tariff No.: 6505.90.60 - Hats and headgear, of mmf, knitted or crocheted or made up from knitted or crocheted fabrics, not in part of braid