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NY K83868





March 25, 2004
CLA-2-61:RR:NC:TA:359 K83868

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Ms. Johnna L. Berry
AKA International, Inc.
1200 South 192nd Street, Suite 103
Seattle, Washington 98148

RE: The tariff classification of a woman’s pullover from India

Dear Ms. Berry:

In your letter dated February 25, 2004, you requested a classification ruling on behalf of Stone Boardwear, DBA Volcom. As requested, your sample is being returned to you.

Your sample, style B054402, is a woman’s pullover constructed from two fabrics. The front and back panels are constructed from 55% wool, 45% cotton jersey knit fabric. The collar, long sleeves and shirttail are constructed from 65% cotton, 35% polyester woven fabric. The outer surface of the knit fabric measures more than nine stitches per two centimeters in the horizontal direction. The garment features a mock collar with a three-button partial opening, long sleeves with one-button cuffs, a 1x1 rib knit bottom which has the shirttail sewn to it.

The essential character is given by knit fabric of the front and back panels, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the pullover will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16% ad valorem.

The pullover falls within textile category designation 438. Based upon international textile trade agreements this product from India is subject to quota and requires 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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