CLA-2-61-CL:FO:CB:I20

Ms. Jonice Gaidar
Customs Analyst
J. C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a women's knit, sleeveless cardigan to be manufactured in China or Macau

Dear Ms. Gaidar:

In your letter dated February 12, 1997, you requested a tariff classification ruling.

The submitted sample, designated style number 862-7406, is a women's sleeveless cardigan manufactured from a 65% rayon, 30% nylon, 5% spandex fine knit fabric.

The garment, which has a three-quarter lining, features a full frontal opening secured by a metal zipper that extends to the top of a stand-up collar, two side insert pockets below the waist, each secured by a metal zipper, and a straight, hemmed bottom.

The applicable subheading for the garment is 6110.30.3055, Harmonized Tariff Schedule of the United States, which provides for other women's or girls' sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers. The applicable rate of duty is 33.5%, ad valorem.

The garment falls within textile category designation 639. Based on international textile trade agreements, products of China and Macau are subject to quota and the requirement of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories 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 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.

Sincerely,

John M. Regan
Service Port Director
Port of Cleveland

Enclosure