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NY J89529





October 17, 2003

CLA-2-61:RR:NC:TA: 359 J89529

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6102.20.0010

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of a woman’s jacket and two cardigans from Hong Kong

Dear Ms. Shira:

In your letter dated October 1, 2003, you requested a classification ruling on behalf of your client, Polo Ralph Lauren, Lyndhurst, New Jersey. As requested, your samples are being returned to you. You submitted four samples. This response gives a classification ruling for three of those garments. In order to classify your fourth sample, style 11390005, we require that you resubmit the style in a size “medium.”

Your sample, style 11300236, is a woman’s cardigan constructed from 93% cotton, 7% spandex 1x1 rib knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a hood, long sleeves with hemmed cuffs, a full front zippered opening, two slant pockets at the waist and a hemmed bottom.

Style 11300238, is a woman’s jacket constructed from 95% cotton, 5% spandex jersey knit fabric. The garment features a drawstring hood, long sleeves with rib knit cuffs, a full front zippered opening, two zippered pockets, a rib knit bottom that provides a tightening at the waist.

Style 82300051, is a woman’s cardigan constructed from 80% cotton, 20% polyester velour knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar, long sleeves with loose fitting, hemmed cuffs, a full front zippered opening and a 1x1 rib knit bottom.

The applicable subheading for the cardigans 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 jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The duty rate will be 16% ad valorem.

The cardigans fall within textile category designation 339. The jacket falls within textile category designation 335. 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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