CLA-2-61:RR:NC:TA:359 L81229
Ms. Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112
RE: The tariff classification of a woman’s knit bolero-style jacket and two knit cardigans from China.
Dear Ms. Fox:
In your letter dated December 8, 2004, you requested a classification ruling on behalf of Halmode Apparel. As requested, your samples are being returned to you.
Your first sample, style 61-52339, is a woman’s bolero-style jacket constructed from 54% silk, 28% nylon, 18% cotton knit fabric. The jacket extends from the shoulders to above the waist. It features ¾-length sleeves and a full-front opening with one button closure at the neck.
Style 61-52336 is a woman’s cardigan constructed from 54% silk, 28% nylon, 18% cotton knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment extends from the shoulders to below the waist. It features a round neckline, ¾ length sleeves, a decorative woven overlay at the neckline that ties, a full front opening with two hook-and-eye closures at the neck, and a tubular bottom.
Style 61-52329 is a woman’s cardigan constructed from 54% silk, 28% nylon, 18% cotton 2x2 rib knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment extends from the shoulder to below the waist. It features a round neckline, ¾ length sleeves, and a full front opening with eight button closures.
The applicable subheading for style 61-52339 will be 6104.39.2050 Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets…...knitted or crocheted: suit-type jackets and blazers: of other textile materials: other: other: of silk: other. The duty rate will be free.
The applicable subheading for styles 61-52336 and 61-52329 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be 6% ad valorem.
Style 61-52339 falls within textile category designation 835. Styles 61-52336 and 61-52329 fall within textile category designation 838. 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