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NY K89642





November 1, 2004

CLA-2-61:RR:NC:TA:359 K89642

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6110.20.2020

Ms. Blanca Ponce
Donna Karan Company LLC
580 Gothan Parkway
Carlstadt, NJ 07072

RE: The tariff classification of two women’s sweaters from Hong Kong

Dear Ms. Ponce:

In your letter dated September 23, 2004, you requested a classification ruling. As requested, your sample is being returned to you.

Your first sample, style P15083EFB, is a woman’s sweater constructed from 100% linen knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a full front opening with no means of closure, long sleeves, and a pointelle ruffle at the bottom. The garment extends from the shoulder to below that waist.

Your second sample, style P15044MA, is a woman’s sweater constructed from 84% cotton, 16% hemp knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a full front opening with no means of closure and long sleeves.

The applicable subheading for style P15083EFB 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: sweaters for women or girls: other: other: other. The duty rate will be 6% ad valorem.

The applicable subheading for style P15044EMA will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.5% ad valorem.

Style P15083FB falls within textile category designation 845. Style P15044EMA falls within textile category designation 345. Based upon international textile trade agreements these products from Hong Kong are 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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