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NY K82553




February 5, 2004
CLA-2-61:RR:NC:TA:359 K82553

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Crispin N. Flores
Crispin N. Flores, CHB
9103 S. Austin Drive
Pharr, TX 78577

RE: The tariff classification of a woman’s cardigan from Thailand

Dear Mr. Flores:

In your letter dated January 16, 2004, on behalf of Robinson Manufacturing Company, you requested a tariff classification ruling.

The submitted sample, Style 293676, is a woman’s cardigan that is made from 90% polyester, 10% lycra, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a mock collar, long hemmed sleeves, a full front opening with a zipper closure, 2 side seam pockets with zipper closures, and an elasticized bottom. A “Nike” fabric label is sewn in one of the seams of the front left panel near the bottom. A “Nike logo is embroidered on the front right panel in the upper chest area.

Although you propose that the garment be classified in item 6102.30.2010, HTS, we note that classification is precluded from heading 6102 HTS, because the garment fails to protect the wearer from the elements.

Your sample is being returned as requested.

The applicable subheading for the cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The cardigan falls within textile category designation 639. Based upon international textile trade agreements products of Thailand 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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