The tariff classification of a woman’s coat and sweater from Hong Kong

NY H85055 September 5, 2001 CLA-2-61:RR:NC:TA:359 H85055 CATEGORY: Classification TARIFF NO.: 6102.10.0000; 6110.10.2030 Mr. James J. Kelly Barthco Trade Consultants, Inc. 7575 Holstein Avenue Philadelphia, PA 19153 RE: The tariff classification of a woman’s coat and sweater from Hong Kong Dear Mr. Kelly: This letter replaces New York Ruling Letter (NYRL) NY H80380 that was issued to you on May 22, 2001. In your letter dated August 13, 2001 you state that style 353F23428, a cardigan sweater, has been changed to a pullover sweater. The fiber content remains the same. You submitted a sample of the reconstructed garment. It will be returned as requested. Please see change below. In your letter dated April 26, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling. You submitted two samples. Style number 319E23028 is a woman’s coat that is constructed from 100% wool, knit fabric. The coat extends from the shoulder to below the mid-thigh. The coat features a pointed collar; long tubular hemmed sleeves; a full front opening with 4 button closures; 2 front patch pockets below the waist; and a tubular hemmed bottom. Style 353F23428 is a woman’s knitted pullover sweater. You submitted a laboratory report from a testing center. The report states that the pullover sweater is constructed from 95.5% wool, 2.9% polyester, 1.6% metallic. However, the metallic yarn is not distributed throughout the garment’s entire fabric, it is only found on some striped sections. The outer surface of the pullover sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a mock ribbed collar; long tubular hemmed sleeves; and a tubular hemmed bottom. Your samples are being returned as requested.. The applicable subheading for style 319E23028, the coat, will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoats…and similar articles, knitted, other than those of heading 6104: of wool or fine animal hair. The duty rate will be 59.6%/kg + 17.5% ad valorem. The subheading for style 353F23428, the pullover sweater, will be 6110.10.2030, which provides for women’s sweaters, knitted: of wool or fine animal hair: other. The duty rate will be 16.3% ad valorem. The coat falls within textile category designation 435. The sweater falls in category 446. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. 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 effected 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 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 212-637-7077. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division