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NY K84744




April 22, 2004
CLA-2-61:RR:NC:TA 359 K84744

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030

Ms. Sue Shriver
Stonepath Logistics
2641 Manhattan Beach Blvd.
Redondo Beach, CA 90278

RE: The tariff classification of two women’s sweaters from China

Dear Ms. Shriver:

In your letter dated April 5, 2004, on behalf of DZ Trading Company, you requested a tariff classification ruling.

You submitted two samples of women’s sweaters that are constructed from 100% wool, jersey knit fabric with man made fiber woven linings. The outer surface of the garments measures 9 or fewer stitches per 2 centimeters in the horizontal direction. Style J43 features a mock collar, long sleeves with turn-up cuffs, a full front opening with a zipper closure, and 2 front vertical pockets with zipper closures in the waist area. The collar, sleeves, placket, and the bottom are finished with knit capping. An embroidered design is on the front two panels in the chest area.

Style F4 features a mock collar, long sleeves with turn-up cuffs, a full front opening with a zipper closure, 2 front side entry pockets in the waist area, and a tubular hemmed bottom. The front and back yokes, and the sleeve cuffs are made from 100% boiled wool , knit fabric and have embroidered designs with decorative non-functional buttons. Strips of velvet-like tape separate the boiled wool fabric from the jersey knit fabric in the yoke areas. The sleeve openings and the placket are finished with knit capping.

Although you suggest that the above styles are classified in item 6102.10.0000, HTS, they are precluded from 6102, HTS because the garments are made from sweater fabric and the lining is of a lightweight fabric.

Your samples are being returned as requested.

The applicable subheading for each sweater will be 6110.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of wool or fine animal hair: of wool: sweaters: women’s. The rate of duty will be 16% ad valorem.

Each sweater falls within textile category designation 446. 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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