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NY E88455

October 28, 1999

CLA-2-61:RR:NC:TA:359 E88455


TARIFF NO.: 6117.10.2030; 6110.30.3055; 6102.20.0010

Mr. Thomas Hardie
Tri-Port Worldwide
Tri-Port Clearance Corp.
366 Pearsall Avenue

Cedarhurst, NY 11516

RE: The tariff classification of four women’s garments from Hong Kong

Dear Mr Hardie:

In your letter dated October 5, 1999, on behalf of 525 Made in America, you requested a tariff classification ruling.

You submitted four samples of women’s knit garments. Style 4735 is a 89% rayon, 11% nylon, rib knit shawl-like accessory which you call a “shoulder wrap”. The shoulder wrap features a back panel but no front panel and two sleeves which function as ties (around the neck) but not as sleeves.

Style number W774 is a pullover that is constructed from 88% rayon, 12% nylon, knit fabric. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a partial opening with a 5 ½ inch placket extending from the neck and fastened with a string tie closure; bat wing sleeves; and a hemmed bottom. The pullover extends from the neck and shoulders to below the waist. The collar and opening are finished with decorative stitching and shinny disks.

Style number WS2084-0567 is a 100% cotton, crocheted sleeveless poncho that reaches the waist. The poncho is rectangularly shaped and features a round neckline at its center.

Style number W744-0566 is a 100% cotton, openwork crocheted sleeveless poncho. The poncho has a rectangular shape and there is no fastening at the sides. There is an opening in the center for the wearer’s head. The neckline and the bottom of the garment have a scalloped finish. The poncho extends from the neck and shoulders to the hips.

The applicable subheading for style 4735 will be 6117.10.2030 , Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted: knitted or crocheted parts of garments or of clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of man-made fiber: other. The duty rate will be 11.6% ad valorem.

The applicable HTS subheading for style W774 will be 6110.30.3055, which provides for women’s pullovers, knitted: of man-made fibers: other. The duty rate will be 33.1% ad valorem.

The applicable HTS subheading for styles WS2084-0567 and W744-0566 will be 6102.20.0010, which provides for women’s overcoatscapesand similar articles, knitted: of cotton. The duty rate will be 16.4% ad valorem.

Style 4735 falls within textile category designation 659. Style W774 falls in category 639. Styles WS2084-0567 and W744-0566 fall in category 335. 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 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.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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