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NY I89900




January 29, 2003

CLA-2-61:RR:NC:TA:359 I89900

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road 2nd Floor
Valley Stream, New York 11580

RE: The tariff classification of a woman’s pullover from China

Dear Mr. Weinrauch:

In your letter dated January 13, 2003, you requested a classification ruling on behalf of Mometrends, Inc. As requested, your sample is being returned to you.

Your sample, style E33745, is a woman’s pullover constructed from two fabrics. A portion of the front of the garment is constructed from 73% cotton, 27% spandex jersey knit fabric. The back of the garment and a portion of the front of the garment is constructed from 73% cotton, 27% spandex 2x2 ribbed knit fabric. The outer surface of the entire garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline, sleeveless armholes, and an inverted V-shaped bottom that reaches the waist. The fabric of the front of the garment is gathered toward a vertical band running down the center of the garment.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.9% ad valorem.

The pullover falls within textile category designation 339. 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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