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NY 802559




October 27, 1994

CLA-2-61:S:N:N5:359 802559

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6110.90.0042

Ms. Terry Russell
Bonaventure Textiles U.S.A., Inc.
1411 Broadway, 12th Floor
New York, NY 10018

RE: The tariff classification of four women's garments from China.

Dear Ms. Russell:

In your letter dated September 23, 1994 you requested a tariff classification ruling on four garments. These garments are being returned as requested.

The submitted samples are four women's garments constructed from 56% linen, 44% cotton, coarsely knit (CK) fabric and 100% cotton, finely knit (FK) fabric. Style number 826191W/K5622 is a woman's 58% cotton, 42% linen pullover that features a round neckline; long, hemmed sleeves; and a hemmed bottom. The surface area is primarily FK fabric which covers more than half of the garment. The CK fabric comprises the remainder of the garment. The finely knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style number 826192/K5624 is a woman's 82% cotton, 18% linen vest-type sweater that features a deep V-neckline; oversized armholes; a full front opening with three button closures; and a hemmed bottom. The surface area of the garment is primarily CK fabric which covers it entirely except for two small sections on the front panel that is comprised of the FK fabric. The coarsely knit fabric measures less than 9 stitches per 2 centimeters in the horizontal direction.

Style number 826193/K5621 is a woman's 79% cotton, 21% linen pullover that features a round neckline; short, hemmed sleeves; and a hemmed bottom. The surface area of the garment is primarily FK fabric which covers more than half of the garment. The CK fabric comprises the remainder of the garment. The finely knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style number 825194/K5617 is a woman's 76% cotton, 24% linen sleeveless pullover that features a round neckline and a hemmed bottom. The surface area of the garment is primarily FK fabric which covers pimarily more than half of the garment. The CK fabric comprises the remainder of the garment. The finely knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction.

You submitted the following information in your letter:

STYLE WEIGHT VALUE
FK / CK FK / CK

826191W/K5622 .942lbs / .387lbs $3.33/lbs / $2.09/lbs 826192 /K5624 .191lbs / .472lbs $0.67/lbs / $2.55/lbs 826193 /K5621 .484lbs / .266lbs $1.71/lbs / $1.44/lbs 825194 /K5617 .532lbs / .278lbs $1.88/lbs / $1.50/lbs

The essential character of styles 826191W/K5622, 826193/K5621 and 825194/K5617 is imparted by the finely knit fabric. The essential character of style 826192/K5624 is imparted by the coarsely knit fabric; Harmonized Tariff Schedules of the United States (HTS), General Rules of Interpretation (GRI)3(b), noted.

The applicable HTS subheading for Styles 826191W/K5622, 826193/K5621 and 825194/K5617 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers...and similar articles, knitted: of cotton: other. The duty rate will be 20.7% ad valorem. The applicable HTS subheading for Style 826192/K5624 will be 6110.90.0042, which provides for women's sweaters....knitted: of other textile materials: other. The duty rate will be 6% ad valorem.

Styles 826191W/K5622, 826193/K5621 and 825194/K5617 fall within textile category designation 339. Style 826192/K5624 falls in category 845. Based upon international textile trade agreements, products of China 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. 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
New York Seaport

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