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NY K88130




August 13, 2004
CLA-2-61:RR:NC:TA:359 K88130

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland Street, Suite 303
Boston, MA 02129-1223

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

Dear Mr. Lynch:

In your letter dated July 23, 2004, you requested a classification ruling on behalf of Susan Bristol, Inc., Boston, MA. As requested, your sample is being returned to you.

Your sample, style 1452323, is a woman’s sweater constructed from two fabrics. The entire back panel and lower portions of the two front panels are constructed from 55% ramie and 45% cotton 3x2 rib knit fabric. The outer surface of the 3x2 rib knit fabric measures nine or fewer stitches per two centimeters in the direction in which the stitches were formed. The upper and middle portions of the front panels are constructed from 100% acrylic faux fur knit pile fabric. The garment features a hood, sleeveless armholes and a full front zippered opening.

The essential character of style 1452323 is given by the 3x2 rib knit fabric of the back and lower portions of the front panels, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the sweater vest, style 1452323, will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: other: other: other. The duty rate will be 6% ad valorem.

Style 1452323 falls within textile category designation 845. Based upon international textile trade agreements this product from 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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