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NY 899865




October 3, 1994

CLA-2-61:S:N:N5: 359 899865

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Liza Wong
Jeanne Pierre Originals, Inc.
1410 Broadway
New York, NY 10018

RE: The tariff classification of three samples of women's knitwear from Malaysia.

Dear Ms. Wong:

In your letter dated July 7, 1994, you requested a tariff classification ruling.

The samples which you submitted will be returned as requested. The country of origin is Malaysia.

Style 7100 is a woman's knit pullover with long sleeves and a turtleneck. The garment extends below the waist and its bottom and sleeve ends are finished with tubular knit fabric. The fabric of this pullover has more than nine stitches per two centimeters measured in the horizontal direction. You state that the fiber content is 43% acrylic, 42% rayon, 10% nylon and 5% metallic.

Style 7100A is also a woman's knit pullover with a turtleneck and long sleeves. It extends below the waist and has a tubular knit finish on its bottom and its sleeve ends. The fabric of this pullover has more than nine stitches per two centimeters measured in the horizontal direction. You state that the fiber composition is 42% rayon, 41% acrylic and 17% metallic.

Style 7100B is a woman's knit pullover with a turtleneck and long sleeves. The bottom and sleeve ends of the garment are finished by tubular knitting. It extends below the wearer's waist. The fabric of this pullover has more than nine stitches per two centimeters measured in the horizontal direction. You state that its fiber content is 42% rayon, 41% acrylic, 11% nylon and 6% metallic.

In order to classify your samples, we submitted them to the U.S. Customs Service Laboratory at New York for an analysis of their fiber content and yarn structure. They reported that all three styles consist of two 2-ply yarns, composed of one yarn of rayon and another of acrylic, as well as one 2-ply metallic yarn. Style 7100 consists of 42.7% rayon, 41.5% acrylic and 15.8% metallic. The breakdown of the metallic yarn is 61.6% nylon and 38.4% metallic (mylar-type).

Style 7100A consists of 42.6% rayon, 41.1% acrylic and 16.3% metallic yarn. The metallic yarn is broken down further into 67.3% polyester and 32.7% metallic (mylar-type).

Style 7100B consists of 43.2% acrylic, 41.2% rayon and 15.6% metallic yarn. The metallic yarn consists of 61.4% nylon and 38.6% metallic (mylar-type).

The applicable subheading for the three pullovers, Styles 7100, 7100A and 7100B will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers...and similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, women's. The rate of duty will be 34.2% ad valorem.

The pullovers, Styles 7100, 7100A and 7100B fall within textile category designation 639. Based upon international textile trade agreements, products of Malaysia are subject to visa requirements and quota restraints.

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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