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NY B86353

July 17, 1997

CLA-2-61:RR:NC:TA:359 B86353


TARIFF NO.: 6110.90.9042

Ms. Dianne L. Fox
A.W. Fenton, Dayton International Airport P.O. Box 90005 Terminal Bldg. Rm 503
Dayton, Ohio 45377-0488

RE: The tariff classification of a woman's sweater from China.

Dear Ms. Fox:

In your letter dated June 9, 1997, on behalf of Zimmer Enterprises, Inc., you requested a tariff classification ruling. Style number H97007-090 is a woman's sleeveless, vest style sweater constructed from 55% ramie, 45% cotton, intarsia knit fabric, from China (front panels) and 50% polyester, 50% rayon, woven quilted fabric (back panel), from Russia. The outer surface of the knit fabric measures less than 9 stitches per 2 centimeters in the horizontal direction. The sweater features a deep V-neckline; oversized armholes; a full front opening with 4 button closures and a hemmed bottom (back panel). A decorative snowman design, decorative buttons and stitching are featured on the front panels. The neckline, armholes, placket, and the bottom (front panels) are finished with decorative stitching.

You state in your letter that the Zimmer Enterprises ships the fabric (uncut) to Hong Kong. Hong Kong then ships the fabric to China to be cut, quilted and sewn together with the front of the garment in China.

The essential character of the sweater is imparted by the two knit front panels, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3(b), noted.

Your sample is being returned as requested.

The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of other textile materials: other. The duty rate will be 6% ad valorem.

The sweater falls within textile category designation 845. Based upon international textile trade agreements products of China are subject to quota restraints and 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 Section 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.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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