CLA-2-61:RR:NC:TA:359 L83472

Mr. Steve Allan
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a woman’s sweater from China

Dear Mr. Allan:

In your letter dated March 17, 2005, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style ST103796, is a woman’s sweater that is constructed from 50% mohair, 30% nylon, 20% wool, 2x2 rib knit fabric and openwork crocheted fabric. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The crochet fabric finishes the collar, the sleeves, the placket, and the bottom. The sweater features a shawl collar, sleeves that extend to the elbows, and a full front opening with a detachable metal rhinestone pin closure. The garment extends below the waist and provides sufficient coverage. The sweater and the pin are considered as a set. The essential character is given by the sweater. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the set will be 6110.19.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of wool or fine animal hair: other: sweaters: women’s. The rate of duty will be 16% ad valorem.

Although style ST103796, the set, is classified under one (HTS) subheading, under some circumstances the each item in the set may require a visa. The sweater falls 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division