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NY 814219





November 09, 1995

CLA-2-61:S:N:N5: 359 814219

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9070

Ms. Nancy A. Argenziano
Import Manager
Cherry Stix Ltd.
1407 Broadway, Suite 1503
New York, NY 10018

RE: The tariff classification of a woman's knit pullover from Hong Kong.

Dear Ms. Argenziano:

In your letter dated August 23, 1995, you requested a tariff classification ruling.

Your sample was destroyed during the laboratory examination.

Style Number 4396 is a woman's knit pullover with a round neckline and short sleeves. It extends from the wearer's neck and shoulders to below her waist. At the bottom of the pullover there is a three and one-half inch pronounced rib waistband. The fabric of the pullover has more than 9 stitches per 2 centimeters, measured in the horizontal direction. You state that the fiber content is 52% ramie, 38% cotton, 7% polyester and 3% metallic.

In order to classify this style we have submitted it to the U.S. Customs Laboratory at New York for an analysis of its fiber content and yarn structure. The laboratory has reported that the pullover consists of fabric made from two 2-ply yarns, one of which is a blend of cotton and ramie fibers, while the other is a metallic yarn. The fiber content is 46.4% ramie, 36.0% cotton and 17.6% metallic. The metallic yarn has one ply of polyester fibers and one ply of metalized yarn.

The applicable subheading for Style 4396 will be 6110.90.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted, of other textile materials, other, subject to cotton restraints, women's. The duty rate will be 6% ad valorem.

Style 4396 falls within textile category designation 339. 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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