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NY K85934




June 10, 2004
CLA-2-61:RR:NC:TA:359 K85934

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. Richard DeVitto
UPS Supply Chain Solutions
Hood Business Park
500 Rutherford Avenue
Charlestown, MA 02129

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

Dear Mr. DeVitto:

In your letter dated May 7, 2004, you requested a classification ruling on behalf of Telluride Clothing Company, Natick, Massachusetts.

Your sample, style T3147, is a woman’s sweater constructed from three fabrics. The back panel is constructed from 78% cotton, 14% cashmere, 5% nylon, 3% spandex 2x2 rib knit fabric. The majority of the front panel and all of the sleeves are constructed from 100% rayon jersey knit fabric. There is a two and one half-inch strip on the front panel that is constructed from 100% rayon woven fabric. The outer surface of the jersey knit fabric measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a round neckline, long sleeves finished with woven fringe, a horizontal woven strip of decorative fringe sewn across the front panel and a tubular bottom at the front. Decorative yarn is sewn in the front at the neck.

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

The applicable subheading for the sweater will be 6110.30.3020, 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: sweaters: women’s. The duty rate will be 32% ad valorem.

The sweater falls within textile category designation 646. Based upon international textile trade agreements this product from China or Hong Kong 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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