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NY I80565




May 8, 2002

CLA-2-61:RR:NC:3:353 I80565

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2010

Ms. Bettina Csekme
Spiegel Imports
3500 Lacey Road
Downers Grove, IL 60515

RE: The tariff classification of a knit shawl from Hong Kong.

Dear Ms.Csekme:

In your letter dated April 11, 2002, you requested a tariff classification ruling. As requested, the sample will be returned to you.

The submitted sample, style 38-5880s, is a knit 50% wool and 50% acrylic shawl. The shawl is approximately 80 inches in length and 18 inches in width, the back of the shawl deeps down to approximately30 inches in the back. The shawl has an open neckline and hangs loosely over the shoulders. The shawl covers the upper body, it does not have any means of closure.

Due to the fact that style 38-5880s 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 shawl 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 shawl 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 applicable subheading for style 38-5880s will be 6117.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing or accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of man-made fibers, containing 23 percent or more by weight of wool or fine animal hair. The rate of duty will be 11.4 percent ad valorem.

Hong Kong is a member of the World Trade Organization (WTO), and style 38-5880s is not subject to quota or the requirements of a visa.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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