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NY C88502

August 17, 1998

CLA-2-61:RR:NC:TA:359 C88502


TARIFF NO.: 6110.10.2030; 6110.30.1520; 6110.10.2080

Mr. James Kelly
Barthco Trade Consultants
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of four women's knitted garments from Hong Kong.

Dear Mr. Kelly:

This is a replacement letter for District Ruling Letter (DRL) C85214, which was issued on March 24, 1998, to you on behalf of your client, Jones Apparel Group, Bristol, Pennsylvania. In that ruling Customs classified four styles of women's knitted sweaters from Hong Kong. You responded in letters dated April 24, 1998, (addressed to our Boston District), and May 15, 1998, (addressed to the National Import Specialist). In each one of these letters you pointed out that one of the four samples which were the subject of the DRL, was an incorrect sample. This was Style 11C101258.

You have now submitted the correct sample for Style 11C101258. We have examined it and determined that its fabric stitch count is different than that found on this style in the original DRL. This difference has an important affect on our determination that the style concerned is not considered a sweater, but is instead a knitted pullover, other. This determination has caused a change in the description, classification for tariff purposes and quota category designation of Style 11C101258, which is reflected in this replacement ruling. The determination made for the remaining three styles on the original DRL is the same.

Your sample (Style 11C101258) is returned.

Style number 125D8288 is a woman's 100% lambswool knitted pullover sweater. The sweater is constructed of 8 stitches per 2 centimeters measured in the horizontal direction. The sweater features a rolled round collar, long sleeves with rolled ribbed cuffs and a rolled ribbed bottom.

Style number 11C212398 is a woman's 100% merino wool pullover sweater. The sweater is constructed of 8 stitches per 2 centimeters measured in the horizontal direction. The sweater features a round ribbed neck, long hemmed sleeves and a straight hemmed bottom.

Style 11C101258 is a woman's knitted pullover that consists of 53% merino wool and 47% cotton fibers. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover has long sleeves with a tubular knit finish, a tubular knit bottom and a turtleneck.

Style number 121690518 is a woman's 37% merino wool, 37% acrylic and 26% nylon knitted turtleneck sweater. The sweater is constructed of 7 stitches per 2 centimeters measured in the horizontal direction. The sweater features long ribbed cuffs, a ribbed bottom and removable shoulder pads.

The applicable subheading for Style number 121690518 will be 6110.30.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: sweaters: women's or girls'. The duty rate will be 17 percent ad valorem.

The applicable HTS subheading for Style 11C101258 will be, 6110.10.2080, which provides for women's pullovers, knitted: of wool or fine animal hair, other, other. The duty rate will be 16.6% ad valorem.

The applicable HTS subheading for styles 125D8288 and 11C212398 will be 6110.10.2030, which provides for women's sweaters, knitted: of wool or fine animal hair: other. The duty rate will be 16.6% ad valorem

Style numbers 125D8288, 11C212398 and 121690518 fall within textile category designation 446. Style number 11C101258 falls in category 438. Based upon international textile trade agreements products of Hong Kong 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 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.


Robert B. Swierupski

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