CLA-2-61:RR:NC:TA: 359 I87472

Mr. Arthur W. Bodek
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt
245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of three women’s garments and one man’s garment from China

Dear Mr. Bodek:

In your letter dated October 17, 2002, on behalf of Liz Claiborne, Inc., you requested a tariff classification ruling.

You submitted four samples. Style MWRU2525 is a man’s cardigan that is constructed from 55% silk, 31% viscose, 14% cotton, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a pointed ribbed collar, long tubular hemmed sleeves, a full front opening with a 7 button hidden placket, and a tubular hemmed bottom.

Style DSN-149 is a woman’s blouse that is constructed from 69% silk, 26% nylon, 5% wool, multi-rib knit fabric. The outer surface of the garment measures 10 or more stitches per linear centimeter in the horizontal and vertical directions. The garment features a V-neckline, long sleeves, a full front opening with 7 button closures, and a straight bottom.

Style DSN-249 is a woman’s sleeveless pullover that is constructed from 69% silk, 26% nylon, 5% wool, multi-rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a boat-neckline and a straight bottom.

Style DSN-159 is a woman’s pullover that is constructed from 69% silk, 26% nylon, 5% wool, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a V-neckline, long sleeves with ribbed cuffs, a front 3-button partial opening, and a tubular hemmed bottom.

Your samples are being returned as requested.

The applicable subheading for style MWRU2525 will be 6110.90.9088, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters…and similar articles, knitted: of other textile materials: other…other: other: men’s. The duty rate will be 6% ad valorem.

The subheading for style DSN-149 will be 6106.90.2550, which provides for women’s blouses, knitted: of other textile materials: of silk or silk waste: other. The duty rate will be 5.7% ad valorem.

The subheading for styles DSN-249 and DSN-159 will be 6110.90.9090, which provides for sweaters, pullovers…and similar articles, knitted: of other textile materials: other…other: other: women’s. The duty rate will be 6% ad valorem.

Styles MWRU2525, DSN-149, DSN-249 and DSN-159 all 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.customs.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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division