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NY I89319

December 19, 2002

CLA-2-61:RR:NC:TA:358 I89319


TARIFF NO.: 6110.90.9036; 6110.90.9038

Chao Hsu
Big Enough
138 Water Street
South Norwalk, CT 06854

RE: The tariff classification of a unisex pullover for children’s wear from Hong Kong

Dear Mr. Hsu:

In your letter dated December 16, 2002 you requested a classification ruling.

The sleeves of submitted style 49 are manufactured from rib-knitted fabric of 50% polyster/50% cotton, whereas the remainder of this style is manufactured from flat-knitted fabric of 55% silk/5% angora/12% wool/13% nylon/15% cotton. Characteristics of this hooded garment include a rib-knitted waistband, a pouch-style pocket at the center of the lower portion of the front, and a flange which extends over the shoulder portion of each of the long sleeves.

This submitted sample is being returned to you.

If style 49 will be assembled in Hong Kong, then the applicable subheading for this pullover in sizes 2-14 will be 6110.90.9036 Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted, of other textile materials, other, sweaters forgirls, other, of silk, assembled in Hong Kong from knit-to-shape component parts knitted elsewhere. If it will not be assembled in this way, then the applicable subheading for it will be 6110.90.9038, which provides for sweaters, pulloversand similar articles, knitted, of other textile materials, other, sweaters forgirls, other, of silk, other. The duty rate in either case will be 6 per cent ad valorem, and will remain the same in 2003.

In either case the pullover falls within textile category designation 846. Based upon international textile trade agreements products of Hong Kong 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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