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NY J88687




September 17, 2003

CLA-2-61:RR:NC:TA:359 J88687

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. Matthew R. Leader
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

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

Dear Mr. Desiderio:

This letter replaces New York Ruling Letter (NYRL) NY J87092, that was issued to you on August 25, 2003. In your letter dated September 3, 2003, you state that an error was made regarding the fiber content (55% linen, 45% wool) of style 50827. The correct fiber content is 55% linen, 45% cotton. Please see correction below. Please note, style number correction in the third paragraph, from 50427 to 50827.

In your letter dated August 1, 2003, on behalf of Bernard Chaus, Inc., you requested a tariff classification ruling.

You submitted two samples; styles 50827 and 50438. Style 50438 has been sent to our Customs laboratory for analysis and will be ruled on at a later date. Style 50827 is a woman’s sweater that is constructed from 55% linen, 45% cotton, 1x1 rib knit fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a boat neckline and long sleeves.

Style 50827 is being returned as requested. The applicable subheading for style 50827 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: otherother. The rate of duty will be 6% ad valorem.

The sweater falls within textile category designation 845. 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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