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NY J82543




April 16, 2003

CLA-2-61:RR:NC:TA:359 J82543

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6110.30.3055

Mr. Matthew Clark
Schenker Incorporated
600 Allied Way
El Segundo, California 90245

RE: The tariff classification of four women’s knit pullovers and a knit blouse from China

Dear Mr. Clark:

In your letter dated March 25, 2003, you requested a classification ruling on behalf of Hot Chillys. As requested, your samples are being returned to you. You submitted six samples which represent five styles. Style HC2082 is the same garment as style HC3014.

Your sample, HC2082/HC3014 is a woman’s blouse constructed from 100% polyester knit fabric. The outer surface of the garment measures more than 10 stitches per centimeter in the horizontal and vertical direction. The garment features a mock collar, a partial front opening with a zipper closure, long hemmed sleeves and a hemmed bottom.

Styles HC2080 and HC3012 are two women’s pullovers constructed from 100% polyester knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. Both garments feature round necklines, long hemmed sleeves and hemmed bottoms.

Styles HC3016 and HC9759 are two women’s pullovers constructed from 100% polyester knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. Both garments features V-shaped necklines, short hemmed sleeves and hemmed bottoms.

In your ruling request, you recommended classification of the submitted garments under HTS 6109.90.1075; however, the garments are indistinguishable from items sold as outerwear.

The applicable subheading for the pullovers will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem.

The applicable subheading for the blouse will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for blouses and shirts, knitted and crocheted: of man-made fibers: other: women’s. The duty rate will be 32.3% ad valorem.

The pullovers and the blouse fall within textile category designation 639. 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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