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NY K80081





November 24, 2003
CLA-2-61:RR:NC:TA:359 K80081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6109.90.1065; 6110.20.2020

Mr. Donald S. Simpson
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of women’s knit garments from Hong Kong

Dear Mr. Simpson:

In your letter dated October 17, 2003, on behalf of Jones Apparel Group, 250 Rittenhouse Circle, Bristol, PA 19007, you requested a tariff classification ruling.

You submitted three samples of women’s knit garments. Style number G2EC11428 is a woman’s pullover that is constructed from 40% linen, 25% cotton, 20% rayon, 15% ramie, variable knit fabric (1x1x1x1 rib followed by missed stitches), with a 100% polyester tank top tacked under the pullover at the shoulders and the lower armholes and the two garments are classified separately. The tank top is not permanently attached to the pullover. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a V-neckline, ¾ length sleeves and a straight bottom. The tank top features approximately one and a quarter inch wide shoulder straps, a scoop front and back, and a hemmed bottom.

Style number J3JHSQ848 is a woman’s sweater that is constructed from 100% cotton, knit open mesh fabric. The garment features a ribbed collar, long raglan sleeves with ribbed cuffs, a full front opening with a zipper closure, and a ribbed bottom.

Style number G19A77578 is a woman’s sweater that is constructed from 65% cotton, 35% nylon, knit open mesh fabric. The sweater features a ribbed collar, long raglan sleeves with ribbed cuffs, a full front opening with a zipper closure, and a ribbed bottom.

The applicable subheading for style G2EC11428, the pullover, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: otherother: women’s. The rate of duty will be 6% ad valorem. The subheading for style G2EC11428, the tank top, will be 6109.90.1065, which provides for women’s tank tops, knitted: of other textile materials: of manmade fibers: women’s or girls’: tank tops: women’s. The duty rate will be 17% ad valorem.

The applicable HTS subheading for styles J3JHSQ848, and G19A77578, will be 6110.20.2020, which provides for sweaters, knitted: of cotton: other: other: women’s. The duty rate will be 16.9% ad valorem.

Style G2EC11428, the pullover, falls within textile category designation 838: style G2EC11428, the tank top, category 639; styles J3JHSQ848 and G19A77578, category 345. Based upon international textile trade agreements categories 639 and 345 from Hong Kong are subject to quota and the requirement of a visa. Category 838 is neither subject to quota nor visa requirements.

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.cbp.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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