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NY J86413

July 24, 2003

CLA-2-61:RR:NC:TA:359 J86413


TARIFF NO.: 6110.20.2020

Ms. Jennifer Soto
Exel Global Logistics Inc.
10205 N.W. 19th Street
Suite 101
Miami, FL 33172

RE: The tariff classification of a woman’s knit sweater from El Salvador

Dear Ms. Soto:

In your letter dated June 20, 2003, you requested a classification ruling on behalf of Heartworks, Inc., E. Newark, New Jersey. As requested, your sample is being returned to you.

Your sample, style number 79110, is a woman’s sweater constructed from 100% cotton knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a faux fur collar, long sleeves with knit cuffs and a full front zippered opening.

In your ruling request you state that you believe this garment is eligible for preferential treatment under the Caribbean Basin Trade Partnership Act (CBTPA). However, this garment is not eligible for preferential treatment under the CBTPA because the knitted faux fur collar is not considered a finding or trimming and it is not knitted in either the United States or an eligible CBTPA country.

The applicable subheading for the sweater will be 6110.20.2020, 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: sweater: women’s. The duty rate will be 16.9% ad valorem.

The sweater falls within textile category designation 345. Based upon international textile trade agreements products of El Salvador that are not being entered under the Caribbean Basin Trade Partnership Act are not subject to quota or 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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