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NY I83506




July 29, 2002

CLA-2-61:RR:NC:TA:359 I83506

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6109.90.1065

Mr. Paul Anuschat
Geo. S. Bush & Company, Inc.
P.O. Box 8829
Portland, Oregon 97208

RE: The tariff classification of a woman’s sweater and tank top from Hong Kong.

Dear Mr. Anuschat:

In your letter dated July 5, 2002, you requested a classification ruling on behalf of Fred Meyer, Inc./The Kroger Company, Portland, Oregon. As requested, your sample is being returned to you.

Your sample, style 48-812 is a two piece garment comprised of a woman’s sweater and a woman’s tank top. The sweater is constructed from 100% acrylic open work knit fabric. The outer surface of the sweater measures less than nine stitches per two centimeters in the horizontal direction. It features a round neckline and long sleeves. The tank top is constructed from 100% acrylic knit fabric. The garment is sleeveless, extends below the waistline and features a square neckline in front and back, spaghetti straps and a tubular knit bottom. The tank top is not permanently attached to the sweater.

The applicable subheading for the sweater will be 6110.30.3020, 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: other: other: other: sweaters: women’s. The duty rate will be 32.4% ad valorem.

The applicable subheading for the tank top will be 6109.90.1065, Harmonized Tariff Schedule of the United States, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers: women’s or girls’: tank tops and singlets: women’s. The duty rate will be 32.4% ad valorem.

The sweater falls within textile category designation 646. The tank top falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong 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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