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NY K83588




March 15, 2004
CLA-2-61:RR:NC:TA-359:K83588

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2020; 6110.20.2075; 6110.90.9042

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

RE: The tariff classification of women’s knitwear from China or Korea

Dear Mr. Hoffacker:

In your letter dated February 26, 2004, submitted on behalf of your client, Norton McNaughton of Squire, Inc., a division of Jeri-Jo Knitwear, Edison, New Jersey, you requested a classification ruling. You submitted five styles which we are returning, as requested. All styles are produced in either China or Korea. The samples are returned as you requested.

Style SW 8063A is a woman’s knitted pullover that consists of 100% cotton fibers. The allover 2X2 rib knit fabric of the garment has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. The pullover features long sleeves and a turtleneck.

Style SW 8063 is the same as Style SW 8063A in fiber content, fabric structure and garment features.

Style 58115/ SW 7829 is a woman’s knitted sweater that consists of 100% cotton fibers. The 2X2 rib knit fabric of the body and the sleeves has nine or fewer stitches per two centimeters, measured in the direction in which the stitches are formed. The sweater features long sleeves, a mock turtleneck collar that is made from 6X2 rib knit fabric, and a 6X2 rib knit fabric waistband. Extending from the neck towards the top of the wearer’s left shoulder is a three-snap opening with means of closure.

Style 7829A is a woman’s knit pullover that consists of 100% cotton fibers. The 2X2 rib knit fabric of the body and sleeves has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. The features of this style are the same as those of Style 58115/SW 7829.

Style SW 8023A consists of two garments that are tacked stitched together but are not permanently attached. They are classified separately. The outer garment is a sweater that is made from rib knit and cable fabric which has nine or fewer stitches per two centimeters, measured in the direction in which the stitches are formed. The fiber content of the sweater is 55% ramie, 30% acrylic, 15% mohair. The sweater features a boat neckline and long sleeves. The inner garment is a tank top that consists of 100% cotton fibers. The tank top has shoulder straps that measure less than 2 inches in width, a u-shaped neckline in front and back, and overlock stitches that finish the bottom, the neckline and the armholes.

The applicable subheading for the women’s knitted, cotton pullovers, Styles SW 8063A, SW 8063 and SW 7829A, will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, --- and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for the women’s knitted, cotton sweater, Style 58115/SW 7829, will be 6110.20.2020, HTS, which provides for sweaters, --- and similar articles, knitted or crocheted: of cotton: other: other: sweaters: women’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for Style SW 8023A, the woman’s knitted, ramie sweater, will be 6110.90.9042, HTS, which provides for sweaters, --- and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: other: other. The rate of duty will be 6% ad valorem.

The applicable subheading for Style SW 8023A, the woman’s knitted, cotton tank top, will be 6109.10.0060, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women’s or girls’: other: tank tops: women’s. The rate of duty will be 16.5% ad valorem.

The cotton pullovers, Styles SW 8063A, SW 8063 and SW 7829A, and the cotton tank top, Style SW 8023A, fall within textile category designation 339. The cotton sweater, Style 58115/SW 7829, falls within 345. The ramie sweater, Style SW 8023A, falls within 845. Based upon international textile trade agreements these products of Korea and 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 Textile Status Report for Absolute Quotas, which is available at our 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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