CLA-2-61:RR:NC:WA:361 NY I88853

Ms. Stacy Weinberg Dieve
Grunfeld, Desiderio, Lebowitz,
Silverman & Klestadt LLP
Counselors at Law
245 Park Avenue – 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a woman’s knit blouse and a girl’s knit pullover from China.

Dear Ms. Weinberg Dieve:

In your letter dated November 27, 2002, you requested a classification ruling for a woman’s knit garment and a girl’s knit garment on behalf of Great American Sweater Company. The samples are being returned, as requested.

Style 23S100 is a woman’s blouse constructed from 52 percent ramie, 28 percent cotton, 17 percent nylon and three- percent spandex rib knit fabric. The sleeveless blouse has a v-shaped neckline with a lace-up closure and a self-start bottom. The fabric of the blouse has more than ten stitches per centimeter measured in both the horizontal and vertical directions.

Style 75294 is a pullover, which you have indicated will be imported in girl’s sizes. The garment is constructed from 47 percent ramie, 39 percent cotton, 14 percent nylon rib knit fabric with fewer than ten stitches per centimeter, but more than nine stitches per two centimeters. The sleeveless pullover has a v-shaped neckline with a lace up closure and a self-start bottom.

The applicable subheading for style 23S100 will be 6106.90.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…blouses…knitted or crocheted: Of other fibers. The duty rate will be 4.8% ad valorem. Effective January 1, 2003, the rate of duty will be 4.7 percent ad valorem.

The applicable subheading for style 75294 will be 6110.90.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…pullovers…knitted or crocheted: Of other fibers: Subject to cotton restraints. The duty rate will be 6% ad valorem. Effective January 1, 2003, the rate of duty will be the same.

Style 23S100 falls within textile category designation 838. Based upon international textile trade agreements this category, from China, is subject to neither quota nor the requirement of a visa.

Style 75294 falls within textile category designation 339. Based upon international textile trade agreements this category, from China, is subject to quota and 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division