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NY H86271

December 20, 2001

CLA-2-61:RR:NC:TA:359 H86271


TARIFF NO.: 6110.90.9028

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Dept.
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a woman’s sweater from India

Dear Mr. Imbrogulio:

This is a replacement letter for New York Ruling Letter (NYRL) NY H84347 that was issued to you on August 21, 2001. You state in your letter dated December 3, 2001 and resubmitted on December 12, 2001, that an error was made by your testing service in their report with respect to the fiber content of style 14369B (59.8% cotton, 37.5% wool, 1.7% metallic, 1% nylon). You give the correct fiber content as 59.8% acrylic, 37.5% wool, 1.7% metallic, 1% nylon. You also state that there are no changes to the fabric’s or the garment’s construction. Please see correction below.

In your letter dated July 26. 2001, you requested a tariff classification ruling.

The submitted sample, style number 14369B, is a woman’s sweater that features a hood, long hemmed sleeves, a full front opening with 5 button closures, 2 front patch pockets below the waist, 2 belt loops, a self-fabric belt, and a hemmed bottom. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. You state in your letter that the garment is knitted using one 3-ply yarn (1-ply cotton/wool, 1-ply metallic, 1-ply nylon). The report submitted by a testing service states that the overall fiber content is 59.8% acrylic, 37.5% wool, 1.7% metallic, 1% nylon.

The applicable subheading for the sweater will be 6110.90.9028, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted: of other textile materials: otherother: subject to wool restraints. The duty rate will be 6% ad valorem for 2001 and 2002.

The sweater falls within textile category designation 446. Based upon international textile trade agreements products of India 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 646-733-3049.


Robert B. Swierupski

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