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NY I80348





April 16, 2002

CLA-2-61:RR:NC:TA:359 I80348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1520

Ms. Cicki Wallertz
Newport News, Inc.
711 Third Ave.
New York, NY 10017

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

Dear Ms. Wallertz:

In your letter dated April 4, 2002, you requested a tariff classification ruling.

The submitted sample, style F01-25-017, is a woman’s 50% acrylic, 50% wool, 2x2 rib knit, long sweater that extends from the shoulder to the calf area. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a fold down 1x1 ribbed collar, long sleeves, a full front opening with 9 button closures, 2 front patch pockets below the waist, 2 belt loops, and a 1x1 rib knit tie belt at the waist. The placket is finished with 1x1 rib knit fabric.

Your sample is being returned as requested.

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

The sweater falls within textile category designation 446. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

Due to the fact that the sweater is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The sweater will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The sweater may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

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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