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NY J84125




June 11, 2003

CLA-2-61:RR:NC:TA:359 J84125

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6110.20.2075; 6110.30.3055

Ms. Kim Whitfield
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, NY 11010

RE: The tariff classification of two women’s pullovers from Hong Kong and Vietnam and a sweater from Korea.

Dear Ms. Whitfield:

In your letter dated May 8, 2003, you requested a classification ruling on behalf of One Step Up, New York, New York. As requested, your samples are being returned to you.

Your sample, style 32023, consists of two women’s pullovers that are tack sewn together. The inner garment is a sleeveless pullover that is constructed from 60% cotton, 40% polyester 1x1 ribbed knit fabric. The outer surface of this garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline finished with knit capping, armholes finished with knit capping and a hemmed bottom. The outer garment is a long sleeved pullover constructed from 100% polyester mesh fabric. The countries of origin are Hong Kong and Vietnam.

Style 50002 is a woman’s sweater constructed from two fabrics. The hood, sleeves, back panels and a portion of the front panel are constructed from 100% acrylic 3x3 rib knit fabric. The upper portion of the front panels is constructed from 100% acrylic faux fur pile knit fabric. The outer surface of the 3x3 rib knit fabric measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a drawstring hood finished with faux fur trim, long sleeves with turned up cuffs and a full front opening with a zippered closure. The country of origin is Korea.

The essential character of the sweater is given by the 100% acrylic 3x3 rib knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the sleeveless pullover 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 the long sleeved mesh pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: other: women’s. The duty rate will be 32.2%

The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

The sleeveless pullover falls within textile category designation 339. The long sleeved pullover falls within textile category designation 639. The sweater falls within textile category designation 646. Based upon international textile trade agreements products of Hong Kong, Vietnam and Korea 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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