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NY 809352




June 27, 1995

CLA-2-61:S:N:N5:359 809352

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010; 6110.30.3020; 6104.43.2010

Mr. Joel Lester
KSK International
1411 Broadway
New York, NY 10018

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

Dear Mr. Lester:

In your letter dated April 18, 1995, you requested a tariff classification ruling.

You submitted three samples which are returned as requested. Style R/15490 is a woman's knitted, short skirt that consist of one novelty yarn, along with a spandex yarn. The novelty yarn has a shiny appearance and you call it "luxor". You state that the fiber content of the skirt is 59% nylon, 31% rayon and 10% spandex.

Style R/15492 is a woman's knitted sweater with long sleeves and a mock turtleneck. The fabric has less than nine stitches per two centimeters, measured in the horizontal direction, in a rib knit construction. It consists entirely of a novelty yarn which is shiny in appearance and which you call "luxor". You give the fiber content as 60% nylon and 40% rayon.

Style R/15495 is a woman's knitted dress made from rib knit fabric. It is sleeveless and it has a mock turtleneck. One of the yarns from which it is knitted is shiny in appearance ("luxor"). You state that the fiber content is 59% nylon, 31% rayon and 10% spandex. All three styles are made in Hong Kong.

In order to classify your garments we have submitted them to the U.S. Customs Laboratory at New York for a verification of their fiber content. We also questioned whether your shiny "luxor" yarn was metallic. The laboratory has reported that it is not metallic. In addition, the laboratory has determined that the fiber content of the skirt (Style R/15490) is 55% nylon, 38.5% rayon and 6.5% spandex. They stated that the fiber content of the sweater (Style R/15492) is 60.4% nylon and 39.6% rayon.

The applicable subheading for Style R/15490, the skirt, will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's skirts, knitted, of synthetic fibers, other. The duty rate will be 16.9% ad valorem. The applicable HTS subheading for Style R/15492, the sweater, will be 6110.30.3020, which provides for sweaters, of man-made fibers, other, women's. The duty rate will be 34% ad valorem. The applicable HTS subheading for Style R/15495, the dress, will be 6104.43.2010, which provides for women's dresses, of synthetic fibers, other. The duty rate will be 16.9% ad valorem.

The skirt falls within textile category designation 642; the sweater falls in category 646; the dress falls in category 636. 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. 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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