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NY H88541




February 15, 2002

CLA-2-61:RR:NC:TA:359 H88541

CATEGORY: CLASSIFICATION

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 a woman’s knit sweater from China.

Dear Ms. Kuza:

In your letter dated February 7, 2002, you requested a classification ruling on behalf of Newton Buying Corp. and Marshalls of MA, Inc. As requested, your sample is being returned to you.

Your sample, style 4111JRF2, is a woman’s sweater constructed from 50% acrylic, 50% wool 3x2 ribbed knit fabric. The outer surface of the garment measures less than nine stitches per two centimeters in the horizontal direction. The sweater features long sleeves with one-button cuffs, a leather notched lapel collar, a leather placket, a full front opening with five-button closures, and two leather flap pockets at the chest. The garment has leather overlays at the back yoke, bottom and cuffs.

You have indicated in your letter that the fabric of the sweater is a blend of 50% acrylic, 50% wool. 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 woman’s sweater 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 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.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.

Sincerely,

Robert B. Swierupski
Director,

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