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NY J87092




August 25, 2003

CLA-2-61:RR:NC:TA:359 J87092

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9028

Mr. Frank J. Desiderio
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a woman’s sweater from Hong Kong

Dear Mr. Desiderio:

In your letter dated August 1, 2003, on behalf of Bernard Chaus, Inc., you requested a tariff classification ruling.

You submitted two samples; styles 50827 and 50438. Style 50438 has been sent to our Customs laboratory for analysis and will be ruled on at a later date. Style 50427 is a woman’s sweater that is constructed from 55% linen, 45% wool, 1x1 rib knit fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a boat neckline and long sleeves.

Style 50827 is being returned as requested.

Although you suggest that style 50427 is classified in item 6110.90.9042, HTS, we note that it contains over 17% by weight of wool, so the garment is subject to wool restraints.

The applicable subheading for style 50827 will be 6110.90.9028, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women and girls: subject to wool restraints. The rate of duty will be 6% ad valorem.

The sweater falls within textile category designation 446. Based upon international textile trade agreements products of 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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