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NY K80870




December 15, 2003
CLA-2-61:RR:NC:TA:359 K80870

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6110.90.9090

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two women’s pullovers from China

Dear Mr. Hoffacker:

In your letter dated December 1, 2003, you requested a classification ruling on behalf of Norton McNaughton, Bristol, Pennsylvania. As requested, your sample is being returned to you.

Your sample, style 92601, is a two-piece garment comprised of two pullovers that are tack sewn together at the shoulder and under the armholes. The outer garment is constructed from 55% ramie, 45% cotton jersey knit fabric. The outer surface of the fabric of the outer garment measures more than nine stitches per two centimeters in the horizontal direction. It features a V-shaped neckline, ¾ length sleeves and rib knit bottom. The inner garment is constructed from 100% cotton jersey knit fabric. The outer surface of the fabric of the inner garment measures more than nine stitches per two centimeters in the horizontal direction. It features a round, hemmed neckline, ¾ length hemmed sleeves, and a hemmed bottom.

The applicable subheading for the outer garment of style 92601 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate for 2003 will be six percent ad valorem. The duty rate for 2004 will be six percent ad valorem.

The applicable subheading for the inner garment of style 92601 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 for 2003 will be 16.9% ad valorem. The duty rate for 2004 will be 16.5% ad valorem.

The outer garment of style 92601 falls within textile category designation 838 and is not subject to quota and does not require of visa from China. The inner garment of style 92601 falls into textile category designation 339. Based upon international textile trade agreements the inner garment from China is subject to quota and does require 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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