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NY K80263

December 4, 2003
CLA-2-61:RR:NC:TA:359 K80263


TARIFF NO.: 6110.90.9042

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

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

Dear Ms. Weiss-Fox:

In your letter dated October 30, 2003, you requested a classification ruling on behalf of Miss Ericka, Inc.

Your sample, style 92388, is a woman’s sweater constructed from 55% ramie, 45% cotton jersey knit fabric on the front and back of the garment. The outer surface of the fabric of the sweater measures nine or fewer stitches per two centimeters in the horizontal direction. Permanently sewn to the body of the sweater is a 100% cotton woven shirt-type collar and long 100% cotton woven sleeves with one-button cuffs.

The essential character of the sweater is given by the knit fabric of the front and back panels, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the sweater will be 6110.90.9042, 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 or girls: other: other: other. The duty rate will be six percent ad valorem. The duty rate for 2004 will be six percent ad valorem.

The sweater falls within textile category designation 845. Based upon international textile trade agreements this product from China is 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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