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NY 816820




January 2, 1996

CLA-2-61:RR:NC:WA:359 816820

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6110.90.9090

Ms. Kathy Redey
Eddie Bauer
15010 N.E. 36th Street
Redmond, WA 98052

RE: The tariff classification of two women's garments from Hong Kong.

Dear Ms. Redey:

In your letter dated December 1, 1995 you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted two samples. Style number 15018/15021 (regular/petite)is a woman's sweater constructed from 55% linen, 45% rayon, fancy knit fabric. The outer surface of the sweater measures less than 9 stitches per 2 centimeters, horizontally. The sweater features a V-neckline; long sleeves; and a full front opening with seven button closures.

Style number 15036/15037 (regular/petite) is a woman's sleeveless pullover constructed from 55% linen, 45% rayon, 1X1 rib knit fabric. The outer surface of the pullover measures more than 9 stitches per 2 centimeters horizontally. The garment features a round neckline.

Along with your samples you have submitted copies of the results of tests performed by an independent laboratory to verify the stated fiber content of your styles. You stated that there were four samples involved with these tests and that the results were "inconclusive", insofar as they were all at variance from your stated content, and were close to the breaking point, after which classification change would occur.

The classifications found in this ruling are based on your stated fiber content, not on the lab test results. We note that it is an importer's responsiblity to insure that the fiber content of a garment conforms with the conditions of the purchase order or contract agreed upon between the importer and the manufacturer.

At the time of entry, Customs may verify the actual fiber content of the garments imported. If the fiber content varies from the weight breakdown provided in your letter, the Harmonized Tariff Schedule (HTS) classification and textile category may differ.

The applicable subheading for style 15018/15021 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of other textile materials: other. The duty rate will be 6% ad valorem for 1995 and 1996. The applicable HTS subheading for style 15036/15037 will be 6110.90.9090, which provides for women's pullovers, knitted: of other textile materials: other. The duty rate will be 6% ad valorem for 1995 and 1996.

Style 15018/15021 falls within textile category designation 845. Style 15036/15037 falls in category 838. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and the requirement of a visa.

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. 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 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 212-466-5852.

Sincerely,

Roger J. Silvestri
Director

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