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NY K84765




April 26, 2004
CLA-2-61:RR:NC:TA:359 K84765

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030

Mr. Rich De Vitto
UPS Supply Chain Solutions
Hood Business Park
500 Rutherford Avenue
Charlestown, MA 02129

RE: The tariff classification of a woman’s sweater from Hong Kong and China

Dear Mr. De Vitto:

In your letter dated April 5, 2004, you requested a classification ruling on behalf of Tellurde Clothing Company, Natick, Massachusetts. With your permission, this office is retaining your sample.

Your sample, style T6143, is a woman’s sweater constructed from two fabrics. The entire front panels of the garment are constructed from 100% wool jersey knit fabric. The outer surface of the knit fabric measures nine or fewer stitches per two centimeters in the horizontal direction. The turned down collar, the sleeves, the back panel, the placket, one inch at the bottom and one inch pocket trim are all made of 98% cotton, 2% spandex woven fabric. The garment features long sleeves with one-button cuffs, a full front opening with five button closures, slanted front pockets, and a banded bottom.

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

The applicable subheading for the sweater will be 6110.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool: sweaters: women’s. The duty rate will be 16% ad valorem.

The sweater falls within textile category designation 446. Based upon international textile trade agreements this product from Hong Kong and China 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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