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NY I83857




July 16, 2002

CLA-2-61:RR:NC:TA: 359 I83857

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Mr. James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s pullover from China

Dear Mr. Kelly:

In your letter dated June 27, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

The submitted sample, style 90746, is a woman’s pullover garment that simulates a sweater worn over a tank top. The garment is constructed from 55% ramie, 45% cotton, jersey knit fabric (the inner front and back panels that form the pullover) and openwork crocheted fabric (the sleeves and two front outer panels. The crocheted sleeves and front outer panels are attached to the pullover at the shoulders, the armholes and the sides. The outer front panels form a full opening with 4 button closures. The pullover features a scoop neckline and long sleeves.

The essential character is given by the jersey knit front and back panels of the pullover; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3, noted.

Your sample is being returned.

The applicable subheading for the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, knitted: of other textile materials: otherother: women’s. The duty rate will be 6% ad valorem.

The pullover falls within textile category designation 838. 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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