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HQ 089786


September 17, 1991

CLA-2 CO:R:C:T 089786 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Ms. Mary Jo Muoio
Assistant Vice President
Wolf D. Barth Co., Inc.
90 West Street
New York, New York 10006

RE: Modification of HO 861897 of April 25, 1991; Classification of a women's knit cardigan sweater

Dear Ms. Muoio:

This ruling is in response to your letter of May 10, 1991, requesting modification of HO 861897 based upon a difference in the fiber content of the garment.

FACTS:

The garment at issue, style 87028, is a women's cardigan sweater of man-made fibers. The original ruling request stated the fiber content of the garment was 70 percent acrylic/30 percent wool. The garment was therefore classified in subheading 6110.30.1520, HTSUSA, as a women's sweater of man-made fibers, containing 23 percent or more by weight of wool or fine animal hair.

In your letter of May 10, 1991, you state the importer obtained a lab analysis which shows a different fiber content for the garment than that originally claimed. The lab analysis shows the garment to have a fiber content of 88.5 percent acrylic/11.5 percent wool.

A sample garment was submitted with your request for a modification of HO 861897. This sample was tested by Customs to ascertain its true fiber content. The Customs laboratory report, dated June 10, 1991, states the composition by weight of style 87028 is 89.3 percent acrylic/10.7 percent wool.

ISSUE:

Should HO 861897 be modified?

LAW AND ANALYSIS:

It is clear that HO 861897 was correct based upon the information available to Customs at the time. However, based upon the newly submitted information regarding the fiber content of style 87028, it is also clear a modification of HO 861897 is in order.

HOLDING:

Based upon the new information regarding the fiber content of style 87028, the garment is properly classified as a women's sweater of man-made fibers in subheading 6110.30.3020, HTSUSA, textile category 646, dutiable at 34.2 percent ad valorem.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying HO 861897 of April 25, 1991, pursuant to 19 CFR 177.9, to reflect the above classification effective with the date of this letter.

Please note that at the port of entry, Customs officials may decide to remove a sample garment for testing. If such an event happens and the fiber content differs from that stated herein, this ruling will no longer be applicable.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your local Customs office.

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

Sincerely,

John Durant, Director
Commercial Rulings Division

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