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NY K82238




February 2, 2004
CLA-2-61:RR:NC:TA:359 K82238

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of a woman’s sweater and scarf set and a woman’s sweater and hat set from Korea

Dear Mr. Ortiz:

In your letter dated January 2, 2004, on behalf of Cherry Stix Ltd., 1407 Broadway, Suite 1503, New York, NY 10018, you requested a tariff classification ruling.

You submitted two styles. Style number 7523 is comprised of a woman’s sweater and scarf set. The sweater is constructed from 100% acrylic, jersey knit fabric. The long rectangular scarf is constructed from 100% acrylic, 2x2 rib knit fabric and has fringed ends. The yarns used to knit the sweater are color coordinated with the yarns of the scarf. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a round neckline, long raglan sleeves with rib knit cuffs, a 5 button partial opening on the upper left side of the chest, and a rib knit bottom. The neckline and the partial opening are finished with rib knit fabric. As submitted, the sweater and the scarf are tied together by a connecting yarn. You state in your letter that the sweater and scarf will be imported and sold together exactly as submitted to this office.

Style number 7522 is comprised of a woman’s 100% acrylic knit sweater and hat set. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a 2x2 rib knit boat collar, long sleeves with rib knit cuffs, and a rib knit bottom. The ski-style, knitted hat features ribbed edges. As submitted, the sweater and the hat are tied together by a connecting yarn. You state in your letter that the sweater and the hat will be imported and sold together exactly as submitted to this office.

The sweater and scarf of style 7523, and the sweater and hat of style 7522 are considered as sets. The essential character of each style is given by the sweater. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Your samples are retained with your permission.

The applicable subheading for style 7523 and style 7522 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of man made fibers: other: sweaters: women’s. The rate of duty will be 32% ad valorem.

Although each of the sets is classified under one (HTS) subheading, each item in each set requires a separate visa. Each sweater falls within textile category designation 646. The scarf does not require a visa and is not subject to quota from Korea. The hat falls in category 659. Based upon international textile trade agreements category 646 and category 659 from Korea 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.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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