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NY K89648





October 7, 2004

CLA-2-61:RR:NC:TA:359 K89648

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Mr. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

RE: The tariff classification of a woman’s cardigan and pullover from China

Dear Mr. Makalou:

In your letter dated September 24, 2004, you requested a tariff classification ruling. Your samples are being returned as requested.

The submitted sample, style number 22-115780(missy)/21-120909(petite), is a woman’s cardigan that is made from 62% silk, 19% cotton, 13% nylon, 4% cashmere, 2% spandex, knit fabric. The outer surface of the cardigan measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a round neckline, long sleeves with 3-button cuffs, a full front opening with 10 button closures, and a tubular hemmed bottom.

The submitted sample, style number 22-119281(missy)/21-120912(petite), is a woman’s sleeveless pullover that is made from 62% silk, 19% cotton, 13% nylon, 4% cashmere, 2% spandex, knit fabric. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a round neckline and a tubular hemmed bottom.

The applicable subheading for the cardigan and the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of other textile materials: otherother: women’s. The rate of duty will be 6% ad valorem.

Both the cardigan and the pullover fall within textile category designation 838. Based upon international textile trade agreements products of China are neither subject to quota nor 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.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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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