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NY K85882




May 25, 2004
CLA-2-61:RR:NC:TA:359 K85882

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6110.30.3055

Mr. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, New York 10018

RE: The tariff classification of two women’s cardigans from the Philippines and Indonesia

Dear Mr. Makalou:

In your letter dated May 4th, 2004, you requested a classification ruling. As requested, your sample is being returned to you.

Your first sample, style 90-117287, is a woman’s cardigan constructed from 95% cotton, 5% spandex french terry knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 55% acrylic, 45% cotton permanently attached 2x2 rib knit hood, long hemmed sleeves, a full front zippered opening, zippered slant pockets at the front and a hemmed bottom.

Your second sample, style 90-117289, is a woman’s cardigan constructed from 95% polyester, 5% spandex knit fabric that is napped on both sides. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 55% acrylic, 45% cotton permanently attached 2x2 rib knit hood, long hemmed sleeves, a full front zippered opening, vertical zippered pockets at the front and a hemmed bottom.

The applicable subheading for style 90-117287 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for style 90-117289 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

Style 90-117287 falls within textile category designation 339. Style 90-117289 falls within textile category designation 639. Based upon international textile trade agreements these products from the Philippines and Indonesia are subject to quota and require visas.

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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