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NY A83425

July 23, 1996

CLA-2-61:RR:NC:WA:359 A83425


TARIFF NO.: 6110.10.2080

Ms. Jane Vergona
Import Air Manager
Total Port Clearance, Inc.
10 Fifth Street
Valley Stream, NY 11581

RE: The tariff classification of a woman's knitted cardigan from Australia or China.

Dear Ms. Vergona:

In your letter dated May 6, 1996, on behalf of your client, Belford, Inc., New York City, you requested a tariff classification ruling.

Please note that a letter from your client's attorney, Sandler, Travis and Rosenberg, which is dated July 11, 1996, and which was addressed to this office, has requested that the part of your submission which applies for a ruling on the country of origin of this merchandise be withdrawn. We understand that the attorney intends to raise this question separately in a letter to Customs Headquarters. In this ruling we are responding to only the tariff classification of your merchandise.

You submitted a sample which was destroyed during laboratory analysis. You indicated that this style is subject to production in more than one country, and that these countries are Australia and China.

The style numbers for this sample are 3610 (Missy), 2610 (Petite) and 8610 (Woman). The garment is a woman's knitted cardigan with a zippered full-front opening, long sleeves and a rib knit shirt-type collar, front placket and waistband. You state that it is "CV wool".

The main panels of the cardigan consist of two different fabric constructions. On the two front panels we find a double knit fabric, comprising wool with metallic yarn, which has more than nine stitches per two centimeters, measured in the horizontal direction. On the rear panel and on the sleeves there is a fabric of rib knit construction made from wool fibers. This fabric also has more than nine stitches per two centimeters measured in the horizontal direction. The essential character of the cardigan is rendered by the fabric of the rear and the sleeves, General Rules of Interpretation (GRI), Harmonized Tariff Schedule of the United States.

In order to classify your sample we have submitted it to the U.S. Customs laboratory at New York for an analysis of its fiber content. The laboratory has reported that the rib knit fabric on the rear and sleeves consists wholly of wool. The laboratory has also reported that the overall fiber composition of the cardigan is 93.8% wool, 6.2% metallized yarns.

The applicable subheading for the cardigan will be 6110.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted: of wool, other, other, women's. The duty rate will be 16.8 ad valorem.

The cardigan falls within textile category designation 438. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa. Products of Australia are not subject to quota restraints or the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Mike Crowley at 212-466-5852.


Roger J. Silvestri

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