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HQ 087176


June 25, 1990

CLA-2 CO:R:C:G 087176 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. Kenneth J. Baird
Vice President
Wolf D. Barth Co., Inc.
90 West Street
New York, New York 10006

RE: Modification of NYRL 850934, dated April 20, 1990; Classification of ladies' knit sweater

Dear Mr. Baird:

This is in further response to your letter of March 28, 1990, to our New York regional office, in which you requested a tariff classification ruling, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for three knit women's garments from Hong Kong. The response to your March 28, 1990, request, New York Ruling Letter (NYRL) 850934, dated April 20, 1990, classified all three garments. Your letter of April 24, 1990, stated that the fiber content of one of the sweaters was different from the percentages provided in your March 28, 1990 request.

FACTS:

The merchandise at issue is represented by a sample of a ladies knit sweater with long sleeves, a full front opening with no closure and front pockets below the waist. The fiber content was originally stated to be 30 percent wool and 70 percent acrylic. The fiber content was later determined to be 15 percent wool and 85 percent acrylic.

ISSUE:

What is the correct classification of the sweater in question.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 6110, HTSUSA, provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted. Subheading 6110.30.1520, HTSUSA, provides for such articles which contain 23 percent or more by weight of wool or fine animal hair. Subheading 6110.30.3020, HTSUSA, provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man made fibers, other, sweaters, women's or girls'. In light of the corrected fiber content information, the garment is properly classified under subheading 6110.30.3020, HTSUSA.

HOLDING:

The sweater in question is classified under subheading 6110.30.3020, HTSUSA, with a duty rate of 34.2 percent ad valorem, and subject to textile visa category 646.

This notice to you should be considered a modification of NYRL 850934 under 19 CFR 177.9(d)(1) (1989), copy enclosed.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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. Since
part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, 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.

Sincerely,

John Durant, Director

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