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NY J89720




October 30, 2003

CLA-2-61:RR:NC:TA:359 J89720

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9026; 6110.90.9090

Mr. Chan Wing Chiu
Wui Ying Knitting Fty., Ltd.
Flat D 17/Fl Luk Hop Ind. Bldg.
8 Luk Hop Street, Sampokong
Kowloon, Hong Kong

RE: The tariff classification of four women’s garments from Hong Kong

Dear Mr. Chiu:

In your letter dated October 3, 2003 you requested a tariff classification ruling.

You submitted four samples of women’s knit garments. Style number 54LX-T543 is a woman’s sleeveless sweater that is constructed from 35% linen, 33% cotton, 32% viscose, knit fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a V-neckline and a tubular hemmed bottom.

Style number 54LX-K304 is a woman’s sweater that is constructed from 35% linen, 33% cotton, 32% viscose, knit fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a V-neckline, long sleeves, and a full front opening with 8 button closures. The sleeves and bottom are finished with decorative edging.

Style number VK-T598 is a woman’s pullover that is constructed from 62% linen, 38%, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a wide round neckline and long sleeves. The neckline, the sleeves and the bottom are finished with decorative scallop edging.

Style number 34VK-K259 is a woman’s cardigan that is constructed from 62% linen, 38% viscose, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features long sleeves and a full front opening with no means of closure. The neckline and placket are finished with decorative scallop edging.

The applicable subheading for styles 54LX-T543 and 54LX-K304 will be 6110.90.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: sweaters for women or girls: subject to cotton restraints. The rate of duty will be 6% ad valorem.

The subheading for styles VK-T598 and 34VK-K259 will be 6110.90.9090, which provides for sweaters, pulloversand similar articles, knitted: of other textile materials: otherother: women’s. The duty rate will be 6% ad valorem.

Styles 54LX-T543 and 54LX-K304 fall within textile category designation 345. Styles VK-T598 and 34VK-K259 fall in category 838. Based upon international textile trade agreements category 345 from Hong Kong is subject to quota and the requirement of a visa. Category 838 is neither subject to quota nor 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.cbp.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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