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NY K85204




May 13, 2004
CLA-2-61:RR:NC:WA:361 NY K85204

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030

Mr. Anthony LoPresti
Vice President, Imports/Compliance
S. J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of woman’s cardigan-like garment from Hong Kong or China.

Dear Mr. LoPresti:

In your letter dated April 20, 2004, you requested a classification ruling for a woman’s garment similar to a cardigan on behalf of Tahari, Ltd. The sample will be returned, as requested.

The submitted garment, style KT2414 is a woman’s cardigan-like garment made of two different fabrics. Approximately 2/3 of the front panels is constructed from 100 percent silk woven fabric. The balance of the garment is constructed from 100% merino wool knit fabric with more than nine stitches per two centimeters. The cardigan like garment has a rounded neckline, a full front opening with button closure, long sleeves and a rib knit waistband.

As noted above, the garment is made up of two different types of fabric, classifiable under two different subheadings, 6110. and 6206. Such garments are considered a composite good, with the classification determined by the fabric that provides the essential character. In this case, the wool knit fabric provides the essential character, therefore the garment is classified in heading 6110.

The applicable subheading for style KT2414 will be 6110.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’ssweatersand similar articles, knitted or crocheted: Of wool: Other: women’s or girls’. The duty rate will be 16% ad valorem.

Style KT2414 falls within textile category designation 438. Based upon Based upon international textile trade agreements products of China and 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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