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NY K83911




March 19, 2004
CLA-2-61:RR:NC:TA:359 K83911

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6109.10.0060

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

RE: The tariff classification of a woman’s sweater and tank top from China

Dear Mr. Hoffacker:

In your letter dated March 3, 2004, on behalf of One Step Up, 1407 Broadway, New York, NY 10018, you requested a tariff classification ruling.

The submitted sample, style number 52004, is a woman’s two-piece garment comprised of a 55% ramie, 30% acrylic, 15% mohair, knit sweater and a 100% cotton sleeveless tank top. The sweater and the tank top are tacked at the bottom of the armholes and at the bottom left side seam. The two garments are not permanently attached and are considered as two separate garments. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a ribbed V-neckline, long sleeves with ribbed cuffs, and a straight bottom. The tank top features one-inch wide shoulder straps, a scoop neckline, and an unfinished bottom.

Your sample is being returned as requested.

The applicable subheading for style 52004, the sweater, 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 and girls: otherother. The rate of duty will be 6% ad valorem.

The subheading for style 52004, the tank top, will be 6109.10.0060, which provides for tank tops: of cotton: women’s or girls: tank tops: women’s. The rate of duty will be 16.5% ad valorem.

The sweater falls within textile category designation 845. The tank top falls in category 339. 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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