CLA-2-61:S:N:N5:359 803790

Ms. Amy Turkowsky
Cathy Daniels, Ltd.
H.L.C. Sales
1411 Broadway
New York, NY 10018

RE: The tariff classification of a woman's cardigan from the Dominican Republic.

Dear Ms. Turkowsky:

In your letter dated October 5, 1994, and additional information submitted on October 26, 1994, you requested a tariff classification ruling. Your sample is being returned as requested. Style number 1430 is a woman's cardigan constructed from 90% acrylic, 10% polyester, knit fabric, exclusive of metallic yarn. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a V-neckline; shoulder pads; long sleeves with ribbed cuffs; a full frontal opening with a 5 button placket; 2 front, patch pockets below the waist; and a ribbed bottom. Metallic yarn stitch designs are featured on the neckline, placket and pocket openings.

The applicable subheading for the cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers...and similar articles, knitted: of man-made fibers: other. The duty rate will be 34.2% ad valorem.

The cardigan falls within textile category designation 639. Based upon international textile trade agreements products of the Dominican Republic are subject to quota restraints and the requirement of a visa.

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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and

changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport