CLA-2-61:RR:NC:TA:N3:356 G84813

Ms. Lisa Wolpert
The Donna Karan Company
600 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of a men’s knit pullover and vest from China.

Dear Ms. Wolpert:

In your letter dated November 22, 2000, you requested a tariff classification ruling. As requested, your samples will be returned.

Style K9860100 is a men’s pullover garment constructed from 100 percent linen, finely knit, jersey fabric that measures 15 stitches per 2 centimeters counted in he horizontal direction. Style K9860100 features a self-fabric crew neckline; short sleeves; a self-fabric band across the rear shoulder area; decorative overlock stitching on the sleeves; and a straight, tubular knit bottom.

Style K9860110 is a men’s vest constructed from 100 percent linen, finely knit, jersey fabric that measures 15 stitches per 2 centimeters counted in he horizontal direction. Style K9860110 is sleeveless and features a V-neckline; a self-fabric band across the rear shoulder area; decorative overlock stitching extending down the center of the front and rear panels; and a straight, tubular knit bottom. Self-fabric edging finishes the neckline and the armholes. The applicable subheading for Style K9860100 will be 6110.90.9088, 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: men’s or boys’. The rate of duty is 6 percent ad valorem. In 2001, the rate of duty will remain the same.

The applicable subheading for Style K9860110 will be 6110.90.9064, 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: vests, other than sweater vests: other: men’s or boys’. The rate of duty is 6 percent ad valorem. In 2001, the rate of duty will remain the same.

Style K9860100 falls within textile category designation 838. Style K9860110 falls within textile category designation 859. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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 this ruling letter or the control number listed above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division