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NY J83566





May 22, 2003

CLA-2-61:RR:NC:TA: 359 J83566

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.12.2030

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt
Seventy-five Broad Street
New York, NY 10004

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

Dear Ms. Shira:

In your letter dated May 6, 2003, on behalf of Polo Ralph Lauren, you requested a tariff classification ruling.

The submitted sample, style number 17685, is a woman’s sweater that is constructed from 50% wool, 50% cashmere, knit fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a stand-up ribbed collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front inset slant pockets in the waist area, and a ribbed bottom.

Your sample is being returned as requested.

The applicable subheading for the sweater will be 6110.12.2030 Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of wool or fine animal hair: of Kashmir (cashmere) goats: other: sweaters: women’s. The duty rate will be 16.1% ad valorem.

Due to the fact that the sweater is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The sweater will be classified as if it consisted wholly of that one textile material which is covered by the heading that occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification. The sweater may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The sweater falls within textile category designation 446. 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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