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NY H87203

January 29, 2002

CLA-2-61:RR:NC:TA:359 H87203


TARIFF NO.: 6110.30.1520

Ms. Karen Kuza
The Marmaxx Group
Attention: Imports Rt. X4S
770 Cochituate Road
Framingham, MA 01701

RE: The tariff classification of two women’s knit sweaters from Taiwan.

Dear Ms. Kuza:

In your letter dated January 18, 2002, you requested a classification ruling on behalf of Newton Buying Corp. and Marshalls of MA, Inc. As requested, your samples are being returned to you.

Your sample, style 4147JRF1, is a woman’s sweater constructed from 50% acrylic 50% mohair knit fabric. The outer surface of the garment measures less than nine stitches per two centimeters in the horizontal direction. The sweater has long hemmed sleeves, a hood, a full frontal opening with a ribbed knit fabric belt, and two patch pockets below the waist. The garment extends from the shoulders to below the knee.

Style 5904MYF2, is a woman’s sweater constructed from 50% wool, 34% nylon 16% acrylic knit fabric. The front two panels are constructed from cable knit fabric. The back and sleeves of the garment are constructed from 2x3 ribbed knit fabric. The outer surface of the front, the back and sleeves of the garment measures less than nine stitches per two centimeters in the horizontal direction. The sweater has a 2x2-ribbed knit pointed collar, long sleeves, and a full front opening with six-button closures. It extends from the shoulder to the calf area.

You have indicated in your letter that the fabric of these sweaters are a blend of 50% acrylic, 50% mohair or of 50% wool, 50% man-made fibers. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification of the subject garments.

The applicable subheading for the two women’s sweaters will be 6110.30.1520 Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: sweaters: women’s. The applicable duty rate will be 17% ad valorem.

The sweaters fall within textile category designation 446. Based upon international textile trade agreements products of Taiwan 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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