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NY 808620




May 11, 1995

CLA-2-61:S:N:N5: 359 808620

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Kim Walton
Kuehne and Nagel, Inc.
Import Dept.
1104 E. Dallas Road, Suite 100
Grapevine, TX 76051

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

Dear Ms. Walton:

In your letter dated March 27, 1995, on behalf of Mary Kay Comestics, Inc., you requested a tariff classification ruling.

Style RTA-122094-03 is a woman's knit pullover with a crewneck and short sleeves. The fabric of the pullover is knit in an allover 1X1 rib construction that has more than nine stitches per two centimeters measured horizontally. The pullover extends from the wearer's neck and shoulders to below her waist.

Style RTA-122094-01 is a woman's knit cardigan that has a deep V-neckline which leads to a five-button, full-front opening. It also has two front pockets below the waist, long sleeves and inside shoulder pads. The fabric of the cardigan is the same as that of the pullover. The cardigan extends from the wearer's neck and shoulders to her hips.

Each of these styles is made in China. The samples are being returned.

In order to classify your garments we have submitted them to the U.S. Customs Laboratory at New York for an analysis of their fiber content and yarn structure. The laboratory has reported that each style is composed of three yarns, one of which is a 3-ply metallic yarn, while the remaining two are 2-ply cotton yarns. The fiber content of the pullover is 90.1% cotton and 9.9% metallic. The fiber content of the cardigan is 90.0% cotton and 10.0% metallic.

The applicable subheading for Styles RTA-122094-03 and RTA-122094-01 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted, of cotton, other, other, other women's. The duty rate will be 20.3% ad valorem.

Both Styles fall within textile category designation 339. 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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