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NY K89119




October 4, 2004

CLA-2-61:RR:NC:TA:359 K89119

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0080

Mr. Steve Renfroe
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, Missouri 63101

RE: The tariff classification of a woman’s cardigan from China

Dear Mr. Renfro:

In your letter undated letter, which was received in our office on September 15, 2004, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style 96758, is a woman’s cardigan constructed from 100% wool 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 full front opening with no means of closure and long sleeves. The two front panels of the garment extend to the wearer’s knees and create a faux wrap effect.

In your ruling request, you recommended classification of the submitted garment under HTS 6110.19.0080. However, as style 96758 is constructed from 100% wool, it is more specifically provided for elsewhere.

The applicable subheading for style 96768 will be 6110.11.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool: other: women’s. The duty rate will be 16% ad valorem.

Style 96758 falls within textile category designation 438. Based upon international textile trade agreements this product from China 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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