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NY L84243




May 12, 2005

CLA-2-61:RR:NC:TA:359 L84243

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Fabiola Zamudio
Apparel Hoildings Group
D/B/A Alarmex Holdings LLC
1411 Broadway, 12th Floor
New York, NY 10018

RE: The tariff classification of a woman’s pullover from Hong Kong and Guatemala

Dear Mr. Zamudio:

In your letter dated April 22, 2005, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number 852-G8 is a set comprised of a 70% acrylic, 21% polyester, 9% cotton, knit pullover and an acrylic crocheted flower with a metal alloy pin. The pin is tacked on the bottom left side in the front and is removable. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction.

The pullover features a V-neckline that is formed by two crossover front panels, and long sleeves. The garment is classified in heading 6110, Harmonized Tariff Schedule of the United States (HTS) as a pullover or similar garment because the stitch count exceeds that which is required for a garment to be considered a sweater. (Statistical note 3, Chapter 61, HTS, noted.)

The pullover and the flower pin are considered as a set. The essential character is given by the pullover. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the set will be 6110.30.3055, HTS, which provides for pullovers, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Although style 852-G8, the set, is classified under one (HTS) subheading, each item in the set may require a visa. The pullover falls within textile category designation 639. The pin falls in category 659. 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.cbp.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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