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NY K83580




March 11, 2004
CLA-2-61:RR:NC:TA:359 K83580

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6211.42.0054

Ms. Mary E. Keller
Excel Global Logistics, Inc.
2151 Southpark Dr., Suite 1
Hebron, KY 41048

RE: The tariff classification of a woman’s sweater, a woman’s woven shirt and a woman’s sweater vest from China

Dear Ms. Keller:

In your letter dated February 18, 2004, on behalf of Zimmer Enterprises, Inc., DBA PBJ Sport, 911 Senate Dr., Dayton, OH 45459-4017, you requested a tariff classification ruling.

You submitted three samples of women’s garments. Style number F04070 is a woman’s sweater that is constructed from 60% ramie, 40% cotton, knit fabric (the sleeves, the back panel, the front panel with the exception of the yoke and the two chest pockets, the placket) and 100% cotton, woven denim fabric (the collar, the front yoke, the two chest pockets, the placket). The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a pointed collar, long sleeves with ribbed cuffs, a full front opening with 6 snap closures, two snap pockets in the chest area with rivets at the top corners of each pocket, and a ribbed bottom.

Style number F04072 is a woman’s shirt that is constructed in part from 60% ramie, 40% cotton, jersey knit fabric (part of the hood, the sleeves) and in part from 2x2 rib knit fabric (part of the hood, the entire back panel, the sleeve cuffs, the bottom front). The garment is also constructed from 100% cotton, woven denim fabric (the entire front except the waistband). The shirt features a drawstring hood, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front woven patch pockets at the waist, and a ribbed front bottom.

Although you suggest that style F04072 is classified in item 6102 HTS, we note that classification is precluded from heading 6102 HTS, because the essential character of the shirt is given by the woven front panels. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), noted. The garment is not classifiable as a knitted garment and is correctly classified as a garment of heading 6211, HTS.

Style number F04071 is a woman’s sleeveless sweater vest that is constructed from 60% ramie, 40% cotton, knit fabric (part of the back panel, part of the front panels) and 100% cotton, woven denim fabric (the collar, the front and back yokes, the two snap pockets, the placket, the bottom front). The sweater vest features a pointed collar, oversized armholes, a full front opening with 6 snap closures, 2 snap pockets in the chest area with rivets at the top corners of each pocket, a denim bottom in the front, a rib knit bottom on the back panel, and side slits. The knitted fabric of the sweater vest has nine or fewer stitches measured in the horizontal direction.

Although you suggest that Style F04071 is classified in item 6110.90.9066 HTS, we note that classification is precluded from that item number because the garment is considered a sweater vest following Harmonized Tariff Schedule of the United States (HTS), Chapter 61, Statistical Note 3.

The essential character of the sweater vest is given by the knit fabric. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), noted.

Your samples are being returned as requested.

The applicable subheading for style F04070, the sweater and style F04071, the sweater vest, will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: sweaters for women or girls: other: other: other. The rate of duty will be 6% ad valorem.

The subheading for style F04072, the shirt, will be 6211.42.0054, which provides for track suits, ski-suits and swimwear; other garments: women’s: of cotton: blouses, shirtsand similar upper body garments, excluded from heading 6206: with two or more colors in the warp and or filling. The rate of duty will be 8.1% ad valorem.

Style F04070 and style F04071 fall within textile category designation 845. Style F04072 falls in category 341. Based upon international textile trade agreements products of China 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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