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NY D87467

April 5, 1999

CLA-2-61:RR:NC:TA:359 D87467


TARIFF NO.: 6114.10.0040; 6110.10.1060

Mr. Jamey Bowser


Import Department

6758 Commerce Court Drive

Blacklick, OH 43004

RE: The tariff classification of three women’s knit garments from China

Dear Mr. Bowser:

In your letter dated January 27, 1999, on behalf of Limited Stores, Columbus, Ohio, you requested a tariff classification ruling.

You submitted three garments and a fabric swatch. You state that the fabric swatch has a corrected stitch count, which represents exactly the stitch count of the three garments as they are imported into the United States. The outer surface of this fabric measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style number SW2702F9 is a woman’s is a woman’s top that is constructed from 100% cashmere, knit fabric. The garment extends to the waist and features shoulder straps (approximately a quarter of an inch); a modified U-shape neckline; and a tubular hemmed bottom. The back is cut straight across from sideseam to sideseam.

Style number SW2701F9 is a woman’s short sleeved pullover that is constructed from 100% cashmere, knit fabric. The pullover features a round neckline. The neckline, sleeves and the bottom of the garment are finished with ribbed fabric.

Style number SW2704F9 is a woman’s cardigan that is constructed from 100% cashmere, knit fabric. The cardigan features a V-neckline; long sleeves with ribbed cuffs; a full front opening with 6 button closures; and a ribbed bottom.

Your samples are being returned as requested.

In order to process your ruling request we have referred your fabric swatch to the U.S. Customs Laboratory at New York for verification of the stated fiber content. The laboratory has reported that the swatch consists of 100% cashmere fibers.

The applicable subheading for the top will be 6114.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted: of wool or fine animal hair: tops: women’s or girls’. The duty rate will be 14.5% ad valorem.

The applicable HTS subheading for the pullover and the cardigan will be 6110.10.1060, which provides for women’s sweaters, pulloversand similar articles, knitted: of wool or fine animal hair: wholly of cashmere: other. The rate of duty will be 5.8% ad valorem.

The top falls within textile category designation 438. The pullover and the cardigan fall in category 446. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.CUSTOMS.USTREAS.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 Mike Crowley at 212-637-7077.


Robert B. Swierupski

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