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NY K86669




July 1, 2004
CLA-2-61:RR:NC:TA:359 K86669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030

Ms. Melissa Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Fox:

In your letter dated June 8, 2004, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your sample is being returned to you.

Your sample, style number 11B6D16108, is a set comprised of a 51% wool, 49% acrylic sweater and a detachable 100% polyester artificial flower that is that is pinned to the sweater on the left side. The outer surface of the sweater measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a sailor-style collar, a full front opening with a 100% acetate satin belt closure, two belt loops, and long sleeves. The garment extends from the wearer’s shoulders to the knee area.

The sweater and the satin belt are classified as composite goods. The sweater and the artificial flower are considered as a set. The sweater gives the essential character, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretations (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 or fine animal hair: of wool: sweaters: women’s. The duty rate will be 16% ad valorem.

Although style 11B6D16108, the set, is classified under one subheading, each item in the set may require a visa. The sweater falls within textile category designation 446. Based upon international textile trade agreements category 446 from Hong Kong is subject to quota and requires a visa. The artificial flower of style 11B6D16108 does not 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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