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NY I87677

November 13, 2002

CLA-2-61:RR:NC:TA:358 I87677


TARIFF NO.: 6109.10.0065; 6110.20.2075; 6110.90.9042

Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of wearing apparel for girls’ wear from India and China

Dear Ms. Weiss:

This ruling replaces NY I87527, dated October 25, 2002. The sample you resubmitted on behalf of Flapdoodles, Inc., style SRT897, is constructed essentially of knitted fabric with approximately 7 stitches per 2 centimeters measured in the direction the stitches are formed. Our original response to you indicated that the article contained essentially more than 9 stitches per 2 centimeters. The changes are contained within the text.

Submitted style DTP636, manufactured from finely rib-knitted fabric of 100% cotton, is basically a sleeveless pullover, scoop-necked, the shoulder straps of which measure approximately one-half inch wide.

Submitted style FRE529, manufactured from finely rib-knitted fabric of 100% cotton, is a loose-fitting, sleeveless pullover, the neckline of which is scooped only at the front. Heavyweight yarns embroider the neckline and the entire upper half of the front of the garment.

Submitted style STR897, manufactured from knitted fabric of 55% ramie/45% cotton, is a sleeveless pullover, the edges of which are crocheted, and the neckline of which is scooped only at the front. At the front a ribbon is laced across the waistline.

The sample garments styles DTP636 and FRE529 were returned to you under separate cover. The sample garment, style STR897, is returned to you herewith.

The applicable subheading for style DTP636 will be 6109.10.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for tank tops and similar garments, knitted, of cotton, girls’, other, tank tops, girls’; for style FRE529 will be 6110.20.2075, which provides for sweaters, pulloversknitted, of cotton, other, other, other, girls’; and for style STR897 will be 6110.90.9042, which provides for sweaters, knitted, of other textile materials, other, other, other, girls’. The duty rates will be 17.4, 17.3, and 6 per cent ad valorem, respectively.

Styles DTP636 and FRE529 fall within textile category designation 339. Style STR897 falls within 845. Based upon international textile trade agreements products of China and India 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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