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NY I84634





August 5, 2002

CLA-2-61:RR:NC:TA: 359 I84634

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 cardigan from China

Dear Mr. Kelly:

In your letter dated June 26, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

The submitted sample, style 90747, is a woman’s cardigan that is constructed from 55% ramie, 45% cotton, jersey knit fabric (the inner front panels and the back panel that form the cardigan) and openwork crocheted fabric (the sleeves and two front overlays. The crocheted sleeves and front overlays are attached to the cardigan at the shoulders, the armholes and the sides. The cardigan features a V-neckline and a full front opening with 6 button closures. The crocheted sleeves and front overlays have a scalloped finish. The jersey knit front and back panels have tubular hemmed bottoms.

The essential character is given by the jersey knit front and back panels of the cardigan; 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 cardigan 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 cardigan 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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