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NY J82919

April 24, 2003

CLA-2-61:RR:NC:TA:359 J82919


TARIFF NO.: 6110.90.9038

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

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

Dear Ms. Weiss:

In your letter dated March 21, 2003 you requested a classification ruling on behalf of Jones Apparel Group. As requested, your sample is being returned to you.

Your sample, style C1CC12998, is a woman’s sweater constructed from two fabrics. The upper portion of the back and the front of the garment is constructed from 100% polyester faux suede knit fabric. This fabric accounts for 31.8% of the surface area, 13.75% of the weight and 23.8% of the value of the garment. The lower portion of the back and the front of the garment, the collar, the placket and the sleeves are constructed from 55% silk, 27% linen, 18% cotton 1x1 rib knit fabric. This fabric accounts for 68.2% of the surface area, 86.25% of the weight and 76.2% of the value of the garment. The outer surface of the 1x1 rib knit fabric measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a lapel collar, long sleeves, a full front opening with five button closures and two patch pockets below the waist. The garment extends from the shoulder to the hip area.

The essential character of the sweater is given by the 55% silk, 27% linen, 18% cotton 1x1 rib knit fabric, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the sweater will be 6110.90.9038, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women: other: of silk: other. The duty rate will be six percent ad valorem.

The sweater falls within textile category designation 846. 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.


Robert B. Swierupski

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