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NY K88335




August 30, 2004
CLA-2-61:RR:NC:TA:359 K88335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

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

RE: The tariff classification of three women’s cardigans from China

Dear Ms. Fox:

In your letter dated August 5, 2004, you requested a classification ruling on behalf of Halmode Apparel. As requested, your samples are being returned to you.

Style 61-51304 is a woman’s cardigan constructed from 56% rayon and 44% nylon knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a round neckline, ¾ length sleeves, a full front opening with 11 button closures, a satin faux belt above the waist, and a tubular bottom.

Style 61-51309, is a set comprised of a 56% rayon and 44% nylon knit cardigan and a detachable artificial flower that is pinned to the cardigan on the left side. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a V-shaped neckline, ¾ length sleeves, a full front opening with one hook-and-eye closure, and a tubular bottom. The neckline and placket are finished with woven fabric.

The cardigan and the artificial flower of style 61-51309 are considered as a set. The cardigan gives the essential character, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretations (GRI), Rule 3, noted.

Style 61-51311 is a woman’s cardigan constructed from 56% rayon and 44% nylon knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a round neckline, ¾ length sleeves, a full front opening with 11 button closures, a satin ribbon across the chest, and a tubular bottom.

The applicable subheading for styles 61-51304, 61-51309 and 61-51311 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.

Although style 61-51309, as a set, is classified under one subheading, each item in the set may require its own visa. The cardigan of style 61-51309 falls within textile category designation 639. Based upon international textile trade agreements category 639 from Hong Kong is subject to quota and requires a visa. The artificial flower of style 61-51309 does not require a visa. Styles 61-51304 and 61-51311 also fall within textile category designation 639 and 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 Camille Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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