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NY J86130




August 14, 2003

CLA-2-61:RR:NC:TA:359 J86130

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Ms. Allison M. Baron
Sharrets, Paley, Carter & Blauvelt
Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of two women’s sweaters from Macau and a woman’s sweater from Hong Kong

Dear Ms. Baron:

In your letter dated July 14, 2003, on behalf of CK Jeans, a division of Warnaco, you requested a tariff classification ruling.

You submitted three samples of women’s sweaters. The outer surface of each sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. You stated in a phone conversation that the fiber content of style number ZJ2QT8769 has changed from 29% acrylic, 29% wool, 24% nylon, 11% viscose, 5% cotton and 2% elastane to 18% acrylic, 16% wool, 30% nylon, 25% viscose, 10% cotton and 1% elastane. The change in the fiber content also results in a change of your recommended classification as we discussed. The sweater is made from a brushed knit fabric and features a ribbed mock collar, long sleeves with rib knit cuffs, a full front opening with a zipper closure, and a ribbed bottom. Pom-poms and an O-ring are attached to the zipper pull. The country of origin is Macau.

Style number ZJ2QM8786 is a woman’s sleeveless sweater vest that is constructed from 76% acrylic, 24% polyester entire knit pile fabric (the collar, the majority of the front of the garment but not the entire front) and 100% acrylic 2x2 rib knit fabric of the front, the back panel, and the bottom of the garment). The sweater features a stand up collar, oversized armholes, and a full front opening with a 1x1 rib knit zippered placket. The ribbed bottom in the front of the garment features a 3- snap button ribbed tab. The collar and the knit pile portion of the garment are lined with woven fabric. The country of origin is Macau.

The essential character of style ZJ2QM8786 is given by the 2x2 rib knit fabric; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Style number ZJ2QN8785 is a pullover sweater which you call a “pouch-like” garment. It is constructed from 85% acrylic, 15% wool, knit fabric. The garment reaches to the waist and features a 2x2 rib knit turtleneck, tubular hemmed sleeves that cover the arms and a fringed bottom. The country of origin is Hong Kong.

Your samples are being returned as requested.

The applicable subheading for each sweater 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 rate of duty will be 32.2% ad valorem.

Each sweater falls within textile category designation 646. Based upon international textile trade agreements products of Macau and Hong Kong 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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