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NY K85641

May 7, 2004



TARIFF NO.: 6104.39.1000

Ms. Melissa Weiss-Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, Pennsylvania 19106

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

Dear Ms. Weiss-Fox:

This letter replaces New York Ruling Letter (NYRL) NY K84643 that was issued to you on April 22, 2004 on behalf of Jones Apparel Group. In that letter, due to a clerical error, a garment of artificial fibers was erroneously classified as being of synthetic fibers. Please see corrections below.

The submitted sample, Style 03490K418, is a woman’s crocheted, bolero-style jacket that consists of 84% rayon, 16% polyester fibers. The jacket features ¾-length sleeves and a full-front opening without a means of closure. It extends from the wearer’s neck and shoulders to slightly above her waist. The neck, the front placket, and the sleeve ends are finished with tubular, rib knit strips of fabric.

The applicable subheading for the woman’s crocheted bolero-style jacket, Style 03490K418, will be 6104.39.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jacketsknitted or crocheted: suit-type jackets and blazers: of other textile materials: of artificial fibers. The duty rate will be 24% ad valorem.

The jacket falls within textile category designation 635. 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 Textile Status Report for Absolute Quotas, which is available at our 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.


Robert B. Swierupski

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