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NY G85659

February 9, 2001

CLA-2-61:RR:NC:N3:359 G85659


TARIFF NO.: 6110.10.2080

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

RE: The tariff classification of a woman's pullover and scarf from Hong Kong.

Dear Mr. Kelly:

In your letter dated January 9, 2001, you requested a ruling on behalf of Jones Apparel Group USA, Inc. on tariff classification. Your sample is being returned under separate cover.

You submitted style number 121560078J, a woman’s pullover, and style number 121560078B, a scarf. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The scarf and the pullover are of matching color and are constructed from 100% wool, doubleknit fabric. The scarf is not permanently attached but will be sold with the pullover. The pullover features a round neckline, long tubular hemmed sleeves, and a tubular hemmed bottom.

The pullover and the scarf are considered as a composite good. The essential character is given by the pullover, Harmonized Tariff Schedule of the United States (HTS); General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the pullover will be 6110.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of wool or fine animal hair: other. The general rate of duty will be 16.3 percent ad valorem.

The pullover falls within textile category designation 438. Based upon international textile trade agreements products of Hong Kong are currently 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 Michael Crowley at 212-637-7077.


Robert B. Swierupski

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