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NY L86739

August 31, 2005

CLA-2-61:RR:NC:TA:359 L86739


TARIFF NO.: 6110.30.1520

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 399 Park Avenue, 25th Floor
New York, NY 10022-4877

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

Dear Ms. Schaeffer:

In your letter dated August 15, 2005, on behalf of Bernard Chaus, Inc., 530 7th Avenue, New York, NY 10018, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted four samples of women’s sweaters that are constructed from 54% nylon, 40% angora, 6% lambswool, knit fabric. The outer surface of each sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction.

Style 165217 features a scoop V-neckline, short sleeves with ribbed cuffs, 2 belt loops, a self-fabric tie belt at the waist and a ribbed bottom. The neckline has ribbed edging.

Style 165218 is a sleeveless sweater that features 1 inch wide shoulder straps, an openwork crocheted neckline, and a ribbed bottom edge.

Style 165210 is a sleeveless sweater that features 1¼ inch wide shoulder straps, a scoop U-back , a scoop U-front that has decorative beading, and a ribbed bottom edge. The armholes are finished with ribbed edges.

Style 165209 reaches the waist and features a mock collar, long tubular hemmed sleeves, and a full front opening with no means of closure. The front panels have a slight rise and are curved at the bottom. The collar, the sleeve cuffs, and the placket are finished with decorative beading.

In a telephone conversation with the National Import Specialist, you suggest that style 165209 be considered as a bolero jacket under heading 6104, Harmonized Tariff Schedule of the United States (HTS). The garment reaches the waist and does not possess the characteristics of a suit-type jacket.

The applicable subheading for styles 165217, 165218,165210, and 165209 will be 6110.30.1520, HTS, which provides for sweaters, knitted: of man made fibers: other: containing 23% or more by weight of wool or fine animal hair: sweaters: women’s. The rate of duty will be 17% ad valorem.

Styles 165217, 165218,165210 and 165209 fall within textile category designation 446. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.


Robert B. Swierupski

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