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NY 852090


MAY 21 1990

CLA-2-61:S:N:N3:357 852090

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0090

Mr. Richard A. Brann
Marketex Corporation
29 Haines Road
Bedford Hills, N.Y. 10507

RE: The tariff classification of a unisex knit pullover with a Bion II lining from Hong Kong.

Dear Mr. Brann:

In your letter dated April 25, 1990, you requested a classification ruling.

The item in question, style (M30) B424S (which will also be imported as style (M-30) B42555 in another color), is a knitted 70% acrylic/30% wool pullover with a partial front opening secured by five metal snaps. The shell has six stitches per two centimeters measured in the horizontal direction, a rib knit standup collar, cuffs and waistband, and 250T nylon woven overlays on the shoulders and elbows. It is fully lined with "Bion II," a knit fabric with a plastics application described as a breathable, waterproof membrane.

You indicated that the garment is designed for unisex wear.

The applicable subheading for the pullover will be 6113.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' knitted or crocheted garments, made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

This garment falls within textile category designation 659. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.

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, 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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