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NY K85379




April 27, 2004
CLA-2-61:RR:NC:TA:359 K85379

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Ms. Karen Riggs
Talbots
174 Beal Street
Hingham, MA 02043

RE: The tariff classification of a woman’s pullover from Hong Kong

Dear Ms. Riggs:

This letter replaces New York Ruling Letter (NYRL) NY K80909 that was issued to you on January 13, 2004. In your letter dated March 24, 2004, you state that you submitted an incorrect fiber content with your original request. Please see the changes below.

Your sample, style 44122077, is a woman’s pullover constructed from 59% wool, 41% cotton 5x2 rib knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. That garment features a V-shaped neckline with a 100% cotton woven detachable collar secured by eleven buttons and long sleeves with 100% cotton woven detachable cuffs secured with five buttons. You state in your letter that the detachable collar and cuffs will be made in China.

The pullover and the detachable collar and cuffs are classified as composite goods. The essential character is given by the pullover, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretations (GRI), Rule 3, noted. The determination that the pullover constitutes the essential character of the composite good also governs its status for quota and visa purposes. The country of origin of the pullover will determine the country of origin of the composite good and the country of origin of the detachable cuffs and collar will not be determined separately.

The applicable subheading for the pullover will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16% ad valorem.

The pullover falls within textile category designation 438. Based upon international textile trade agreements this product from Hong Kong is subject to quota and does require 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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