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NY I84519

August 14, 2002

CLA-2-61:RR:NC:TA: 359 I84519


TARIFF NO.: 6110.90.9090; 6106.10.0010; 6110.30.3020

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

RE: The tariff classification of two women’s garments from the Northern Mariana Islands and one woman’s garment from China

Dear Mr. Kelly:

In your letter dated July 22, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted three samples. Style number 9856 is a woman’s pullover that consists of a jersey knit fabric (the front and back panels) and an openwork crocheted fabric (the sleeve panels). Covering the front panel is an overlaid openwork crocheted panel. The overall fiber content of the pullover is 55% ramie, 45% cotton. The outer surface of the jersey knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a round neckline with a tie closure, long sleeves, and a tubular bottom. The pullover is made in China.

The essential character of this style is given by the jersey knit fabric panels on the front and back. Harmonized Tariff Schedule of the United States (HTS), General Rule of Interpretation (GRI), Rule 3(b) noted.

Style U1TD18647 is a woman’s sleeveless blouse that is constructed from 100% cotton, rib knit fabric. The outer surface of the garment measures 10 or more stitches per linear centimeter in both the horizontal and vertical directions. The garment features a U-neckline, a full front opening with 20 hook and eye closures, and a hemmed bottom. The blouse is made in the Northern Mariana Islands.

Style number U1TD28777 is a woman’s pullover sweater that is constructed from 100% polyester, openwork warp knit fabric. The sweater features a drawstring neckline, long hemmed sleeves, and a hemmed bottom. The sweater is made in the Northern Mariana Islands.

Your samples are being returned.

The applicable subheading for style 9856, the pullover, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of other textile fibers: otherother. The duty rate will be 6% ad valorem.

The subheading for style U1TD18647, blouse, will be 6106.10.0010, which provides for women’s and girls’ blouses and shirts, knitted: of cotton: women’s. The duty rate will be 20% ad valorem.

The subheading for style U1TD28777, the sweater, will be 6110.30.3020, which provides for sweaters, knitted: of man made fibers: otherother: sweaters: women’s. The duty rate will be 32.4% ad valorem.

Style 9856 falls within textile category designation 838; style U1TD18647, in category 339; style U1TD28777, in category 646. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Products of the Northern Mariana Islands are not subject to quota nor 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.


Robert B. Swierupski

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