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NY I85106

August 20, 2002

CLA-2-61:RR:NC:WA:361 NY I85106


TARIFF NO.: 6110.90.9042

Mr. Yves G. Paul
Import/Traffic Manager
Donnkenny Apparel Inc.
1411 Broadway
New York, NY 10018

RE: The tariff classification of a woman’s knit sweater from China.

Dear Mr. Paul:

In your letter dated August 7, 2002, you requested a classification ruling for a woman’s knit garment. The sample is being retained for instructional purposes.

Design 553-200-16 is a woman’s pullover sweater constructed from 55 percent ramie, 45 percent cotton knit and openwork crocheted fabric. The sleeveless garment features a scalloped v-neckline with a tie closure and a scalloped trim around the neckline, armholes and bottom. The fabric of the front of the garment is openwork crochet, with jersey knit backing; the fabric of the back is a plain jersey knit with 11 stitches per two centimeters, measured in the horizontal direction.

As noted above, the garment is made up of two different types of fabric. Such garments are considered a composite good, with the classification determined by that fabric that provides the essential character. In this case, the openwork crocheted fabric of the front panel provides the essential character. Since the front panel is made from openwork crocheted fabric, the garment is considered to be a sweater.

The applicable subheading for design 553-200-16 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweatersknitted or crocheted: Of other textile materials: Women or girls. The duty rate will be 6% ad valorem.

Design 553-200-16 falls within textile category designation 845. 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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