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NY J87001




September 3, 2003

CLA-2-61:RR:NC:WA:361 NY J87001

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification and status under the African Growth and Opportunity Act for a woman’s pullover from South Africa.

Dear Ms. Weiss:

In your letter dated July 31, 2003, you requested a ruling on the tariff classification and status under the African Growth and Opportunity Act (AGOA) for a woman’s knit pullover on behalf of Miss Erica, Inc. The sample will be returned as requested.

Style 76411 is a woman’s pullover constructed from 60 percent cotton, 40 percent polyester rib knit fabric with more than nine stitches per two centimeters in the horizontal direction. The sleeveless pullover has metal “O” rings connecting the front and back at the shoulders; a front V neckline; and plain, hemmed bottom. The neckline and armhole openings are trimmed with picot stitching.

You have indicated that all fabric and accessories will be imported from Taiwan into South Africa. We assume this includes fabric as well as sewing thread, trim thread, and “O” rings. The fabric will be cut and fully assembled in South Africa.

The applicable subheading for style 76411 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers and similar articlesknitted or crocheted: Of cotton: Women’s. The duty rate will be 16.9% ad valorem.

Style 76411 falls within textile category designation 339. Based upon international textile trade agreements these categories from South Africa are neither subject to quota nor the requirement of a visa.

Based on the information that you supplied, the pullover is not eligible for duty free treatment under subchapter 9819, HTSUS, which provides for special tariff benefits for certain textile and apparel goods under the Africa Growth and Opportunity Act

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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