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January 21, 1999

CLA-2-61:RR:NC:TA:359 D86132

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Ms. Diane Bonvissuto
D. Hauser, Inc.
182-23 150th Avenue
Springfield Gardens, NY 11413

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

Dear Ms. Bonvissuto:

In your letter dated December 12, 1998, on behalf of Via Moda, Inc., you requested a classification ruling.

You submitted five women’s garments that are constructed from 100% polyester, openwork crocheted fabric, and knit fabric. Style number ED2512 is a sweater constructed from crocheted fabric. The sweater features a V-neckline, long sleeves, and a full front opening with four button closures. The neckline, sleeves, placket and the bottom of the garment have scalloped finishing.

Style number ED2513 is a pullover-style crocheted sweater that features a scooped front and back, and short sleeves. The neckline, sleeves and the bottom of the garment have scalloped finishing.

Style number ED2511 is a sleeveless sweater that is constructed from crocheted fabric. The garment features two inch shoulder straps and a scooped front and back. The neckline, armholes and bottom also have scalloped finishing.

Style number R232 is a sweater that is constructed from knit fabric (the top and bottom portions) and crocheted fabric (the middle portion). The garment extends from the shoulder to the waist and features spaghetti straps and a straight front and back. The essential character is given by the knit portions, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3(b), noted. Style number R233 is a sweater that is constructed from knit fabric. It features a V-neckline, long sleeves, and a full front opening with two tie closures.

Your samples are being returned as requested.

The applicable subheading for the five sweaters will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted or crocheted: of man-made fibers: other. The duty rate will be 33.1% ad valorem.

The five sweaters fall within textile category designation 646. Based upon international textile trade agreements products of Hong Kong are subject to quota 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.

Sincerely,

Robert B. Swierupski
Director,

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