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NY K83997




March 31, 2004
CLA-2-61:RR:NC:TA:359 K83997

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000; 6110.11.0080

Ms. Stella Alexandrou
The Marmaxx Group
770 Cochituate Road
Framingham, Massachusetts 01701

RE: The tariff classification of three women’s cardigans and three women’s coats from Hong Kong

Dear Ms. Alexandrou:

In your letter dated March 8, 2004, on behalf of Newton Buying Corp. and Marshalls of MA, Inc., you requested a tariff classification ruling.

You have submitted six items in this request. Although we are responding, please note that normally no more than five items of the same class or kind should be included in each ruling request. We have attached the instructions for proper submission of ruling requests. We ask that you refer to it for guidance when preparing any subsequent ruling requests.

The six items are three women’s cardigans and three women’s coats. They are constructed from 100% boiled wool, knit fabric. The coats are normally worn over other garments for warmth and protection from the elements.

Style W93725 is a double-breasted coat that extends from the shoulder to the mid-thigh area and features a collar that is lined with woven fabric, long hemmed sleeves, a full front opening with 4 functional buttons and 2 nonfunctional buttons arranged in a double-breasted formation, 2 front inset slant pockets at the waist, and a hemmed bottom.

Style 5723MYF4 is a cardigan that features a mandarin collar with a one button closure, long sleeves, a full front opening with a zipper closure, and a left chest pocket with a zipper closure. The sleeves, the placket, the pocket and the bottom are finished with knit stitching. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style 5500MYF4 is a cardigan that features a mandarin collar, long sleeves, a full front opening with a zipper closure, 2 front inset pockets with zipper closures at the waist, and a straight bottom. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style 5517MYF4 is a cardigan that features a shirt-type collar, long sleeves, a full front opening with 5 button closures, 2 front side entry pockets with false top flaps and nonfunctional buttons at the waist, and a straight bottom.

Style 5722MYF4 is a coat that extends from the shoulder to the mid-thigh and features a hood, long sleeves with turn up cuffs, a full front opening with 4 toggle buttons, 1 hook and eye button at the neckline, 2 front patch pockets below the waist, and a hemmed bottom.

Style 5711MYF4 is a coat that extends from the shoulder to the mid-thigh and features a rounded shirt-type collar, long sleeves with turn up cuffs, a full front opening with 3 leather and metal clasp closures, and 2 front flap patch pockets with leather and metal clasp closures. The collar, sleeves, placket, pocket flaps and the bottom are finished with knit capping.

Your samples are being returned as requested.

The applicable subheading for each of the three coats will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats, carcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of wool or fine animal hair. The rate of duty will be 55.9 cents/kg + 16.4% ad valorem.

The applicable subheading for the three cardigans will be 6110.11.0080, which provides for sweatersand similar articles, knitted: of wool or fine animal hair: of wool: other: women’s. The rate of duty will be 16% ad valorem.

Each of the three coats falls within textile category designation 435. Each of the three cardigans falls in category 438. Based upon international textile trade agreements products of Hong Kong 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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