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NY K81081





December 10, 2003
CLA-2-61:RR:NC:TA:359 K81081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
Attorney at Law
888 Seventh Avenue
New York, New York 10106

RE: The tariff classification of a woman’s pullover from Korea

Dear Mr. Zelman:

In your letter dated November 11, 2003, you requested a classification ruling on behalf of IISLI, LLC, Millburn, New Jersey. As requested, your sample is being returned to you.

Your sample, 4048939, is a woman’s pullover constructed from 100% rayon jersey knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline, sleeveless armholes and a drawstring bottom. The neckline and armhole are finished with sequin trim.

In your ruling request, you recommended classification of the submitted garment under HTS 6109.90.1090. However, the garment is not similar to the terms of that subheading because the garment features a drawstring bottom. (Chapter 61, Note 5, HTS, noted).

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem. The duty rate for 2004 will be 32% ad valorem.

The pullover falls within textile category designation 639. Based upon international textile trade agreements this product from Korea is subject to quota and requires 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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