CLA-2-61:RR:NC:TA:359 C83411

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman
245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a woman's pullover from Hong Kong or Canada.

Dear Mr. Evan:

In your letter dated January 15, 1998, on behalf of Pepe Clothing (U.S.A.), Inc., you requested a tariff classification ruling.

Style number 0301053 is a woman's pullover constructed from 100% cotton, allover rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a round ribbed neckline and long sleeves.

Your sample is being returned as requested under separate cover.

The applicable tariff provision for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's pullovers, knitted: of cotton: other. The general rate of duty will be 19% ad valorem.

The pullover falls within category designation 339. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and the requirement of a visa. Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Canada and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. The merchandise described in this ruling falls within textile category designation 339.

Since quota and visa restrictions 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 CFR 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 212-466-5852.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division