CLA-2-61:RR:NC:3:353 D88910

Mr. Henry ToRay
Speed Sourcing, Inc.
2140 City gate Dr.
Columbus, Ohio 43219

RE: The tariff classification of knit waist belts from China and Madagascar, a pullover from Hong Kong and arm warmers from China and Madagascar.

Dear Mr. ToRay:

In your letter dated March 3, 1999 you requested a classification ruling.

Three samples were submitted with your request, Styles 7004C, 0637C and 9405099. Style 7004C is a knit fabric waist belt consisting of 85% cotton/15% spandex fabric. It is a tube-like design 4.5 inches wide, with a snap button pocket and ribbed at the top and bottom. Style 9405099 is a ladies sleeveless knit pullover consisting of 80% cotton/18% nylon and 2% spandex fabric. The pullover has no front or back opening, a crewneck, and falls at or above the waist with a ribbed bottom. Style 0637C are ladies arm warmers consisting of knit 85% cotton/15% spandex fabric. The items are tube-like from forearm to bicep with ribbed ends. You also request classification for Styles 700M and 0637M, of which no samples were submitted. Style 700M a ladies knit 100% cashmere waist belt designed identical to Style 700C and Style 0637M are ladies arm warmers consisting of knit 100% cashmere fabric designed identical to Style 0637C.

The United States Customs Service will retain the sample of the ladies pullover, Style 9405099. All other samples will be returned to you as requested.

The applicable subheading for the waist belt, Style 7004C will be 6117.80.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of cotton.” The duty rate will be 15% ad valorem.

The applicable subheading for the waist belt, Style 700M will be 6117.809520, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted;...:Other accessories: Other: Other, Of wool or fine animal hair.” The duty rate will be 15% ad valorem.

The applicable subheading for the pullover, Style 9405099 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other, Other: Other: Women’s or girls’.” The duty rate will be 18.6% ad valorem.

The applicable subheading for the arm warmers, Styles 0637C and 0637M will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up articles, including dress patterns: Other: Other: Other, Other.” The duty rate will be 7% ad valorem.

Style 7004C falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Style 9405099 falls within textile category designation 339. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

Currently there is not any textile quota and/or requirement of visa from Madagascar. 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. 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 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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division