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NY I81206




July 16, 2002

CLA-2-61:RR:NC:TA: 359 I81206

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1520

Ms. Karen Kuza
The Marmaxx Group
770 Cochituate Road
Framingham, Massachusetts 01701

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

Dear Ms. Kuza:

In your letter dated April 18, 2002, on behalf of Newton Buying Corp., and Marshalls of MA, Inc., you requested a tariff classification ruling.

The submitted sample, style number 5401MY, is a woman’s sweater that is constructed from 3x2 rib knit fabric. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a shawl collar, long sleeves, a full front opening with no means of closure, 2 belt loops, a self-fabric tie belt at the waist, 2 front patch pockets in the waist area, and a straight bottom. In the laboratory report that you submitted, you state that the fiber content is 51.5% nylon, 31.4% angora rabbit hair, 6.9% polyester, 6.5% wool, 3.7% other fibers.

In order to classify your garment we have submitted it to the U.S. Customs laboratory at New York for analysis of the fiber content and yarn structure. The laboratory has reported that the fabric is composed of two single ply yarns that consist of 58.4% nylon, 41.6% hair fibers (angora rabbit and wool). There is also a third yarn which is a 2-ply metallized yarn that consists of 65.7% polyester, 34.3% mylar type yarns. The overall fiber content is 52.3% nylon, 37.3% hair fibers (angora rabbit and wool), 6.8% polyester, 3.6% mylar type yarns.

Your sample is being returned.

The applicable subheading for the 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 Singapore are not subject to quota but require 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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