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NY 850514




CLA-2-61:S:N:N3I:359 850514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.10.0070; 6110.10.2030

Andrew B. Schroth
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, NY 10017

RE: The tariff classification of a woman's two-piece garment from Hong Kong.

Dear Mr. Schroth:

In your letter dated March 13, 1990, on behalf of Ciao Originals Inc., you requested a tariff classification ruling.

Style no. CF90-71 is a women's two piece knit garment consisting of a sweater and a full length pullover. The full length pullover is a sleeveless garment with a round neckline and two inch wide shoulder straps. The garment extends from the wearer's neck and shoulders to the knees. It consists of two fabric constructions as follows: the top section, which extends to below the waist, is made of 100% polyester woven fabric and the remaining section is made of a knit 100% wool fabric. The knit fabric extends from the hip to the bottom of the garment and it is pleated. The top section is sheer and the armhole openings are slightly oversized. Due to these last two features, the pullover is not worn alone when the wearer is dressed for appearance in public; this top section is covered by another garment.

The sweater is constructed of 100% wool knit fabric. The fabric is constructed with less than 9 stitches per 2 centimeters measured in the horizontal direction. The sweater extends from the neck and shoulders to the top of the wearer's thighs. The sweater features a rib knit turtle neck with a partial back zipper closure, long sleeves with rib knit cuffs and a rib knit waistband. It is worn together with the pullover in order to conceal the sheer polyester fabric at the top of the garment.

The samples are being returned as you requested. Since the pullover consists of knit and woven fabric sections, it is classified under the General Rules of Interpretation, GRI3(b), HTS, according to which section constitutes the garment's essential character. Since the woven fabric section cannot be worn uncovered (exposed to public view) and the pleated knit fabric section provides a significant visual effect, the knit fabric section provides the essential character of the pullover.

The applicable subheading for the full length pullover garment of style CF90-71 will be 6114.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for women's other knit garments of wool. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the sweater of style CF90-71 will be 6110.10.2030, HTS, which provides for women's knit sweaters of wool, other. The rate of duty will be 17 percent ad valorem.

The full length pullover falls within textile category designation 459. The sweater falls within textile category designation 446. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category 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

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