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NY J85385




June 16, 2003

CLA-2-61:RR:NC:TA:359 J85385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Ms. Melba R. Dairo
Federated Merchandising Group
11 Penn Plaza
New York, New York 10001

RE: The tariff classification of two women’s cardigans from Japan

Dear Ms. Dairo:

This letter replaces New York Ruling Letter (NYRL) NY J82554 that was issued to you on April 15, 2003. In your letter facsimile dated March 27, 2003, you indicate that the fiber content of the garments you submitted slightly differs from the fiber content advised at the time of the ruling. Please see the changes below.

Your sample, style 8072-3, is a woman’s long cardigan constructed from 93% wool, 5% nylon and 2% spandex 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 one button closure and a hemmed bottom. The garment extends from the shoulder to below the knee.

Style 9070-3A is a woman’s cardigan constructed from 93% wool, 5% nylon and 2% spandex 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 sleeves, a full front opening with a zipper closure and metallic knit trim sewn horizontally on the front and back of the garment creating faux seams. The neckline, sleeves, placket and bottom are finished with metallic knit capping.

The applicable subheading for the cardigans will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16.1% ad valorem.

The cardigans fall within textile category designation 438. Based upon international textile trade agreements this product from Japan is not subject to quota but does require 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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