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NY I83117




July 11, 2002

CLA-2-61:RR:NC:TA:359 I83117

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.12.1060, 6110.20.2075

Mr. Dennis Prendergast
All-Pack Express, Inc.
147-40 184th Street
Jamaica, NY 11413

RE: The tariff classification of three woman’s pullovers and two cardigans from China.

Dear Mr. Prendergast:

In your letter dated June 13, 2002, you requested a classification ruling on behalf of Bentley & Company, LTD. As requested, your samples are being returned to you.

Your sample, style R-1567, is a woman’s sleeveless pullover constructed from 100% cashmere knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 2x2 ribbed knit turtleneck, sleeveless armholes, and a 2x2 ribbed knit bottom.

Style R-1524 is a woman’s pullover constructed from 100% cashmere knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-neckline and long sleeves.

Style KO-622 is a woman’s pullover constructed from 78% cotton, 20% nylon, 2% spandex knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline and sleeveless armholes. The neckline, armholes and bottom are finished with scalloped edging.

Style KO-621 is a woman’s cardigan constructed from 78% cotton, 20% nylon, 2% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigan features a round neckline, long sleeves and a full front opening with eight button closures. The neckline, sleeves, placket and bottom are finished with scalloped edging.

Style R-1225A is a woman’s cardigan constructed from 100% cashmere knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The cardigan features a round neckline, long sleeves finished with 1x1 ribbed knit fabric, a full front opening with nine button closures and a 1x1 ribbed knit bottom.

The applicable subheading for styles R-1567, R-1524 and R-1225A will be 6110.12.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of Kashmir (cashmere) goats: Wholly of cashmere: other: women’s. The duty rate will be 4.7% ad valorem.

The applicable subheading for styles KO-622 and KO-621 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The applicable duty rate will be 17.3% ad valorem.

Styles R-1567, R-1524 and R-1225A fall within textile category designation 446. Styles KO-622 and KO-621 fall within textile category designation 339. 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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