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NY A80004




May 23, 1996

CLA-2-61:RR:NC:WA:359 A80004

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078

Mr. ToRay Henry
Speed Sourcing, Inc.
740 Lakeview Plaza Blvd., Suite L
Columbus, Ohio 43085

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

Dear Mr. Henry:

In your letter dated February 1, 1996 you requested a tariff classification ruling.

You submitted three styles of women's knitted wearing apparel which were destroyed during the laboratory analysis. You stated that the fiber content of each one of the three styles is 32% acrylic, 28% cotton, 25% polyester and 15% metallic.

Style 2275 is a woman's knitted pullover with a round neck, short sleeves with ribbed cuffs and a ribbed bottom. Style 0453 is a woman's knitted cardigan featuring a round neck, long sleeves with ribbed cuffs, a ribbed bottom and a full-front opening with seven button closures. Style 12245 is a woman's knitted pullover that features a shirt-type collar, long sleeves with tubular hemming, a tubular hemmed bottom and a three-button partial front opening. The fabric of each style has more than 9 stitches per 2 centimeters measured in the horizontal direction.

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. Style 2275 consists of one 2-ply yarn composed of acrylic and cotton, and two 2-ply yarns of metallic (one of the plies is mylar-type metallic while the other is polyester). The overall fiber composition of this style is 35.7% metallic, 34.6% acrylic and 29.7% cotton.

Style 0453 consists of one 2-ply yarn composed of acrylic and cotton, and two 2-ply metallic yarns (mylar and polyester). The overall fiber content of this style is 36.3% metallic, 34.7% acrylic and 29.0% cotton. Style 12245 consists of one 2-ply yarn composed of acrylic and cotton, and two 2-ply metallic yarns (mylar and polyester). The overall fiber content of this style is 38.4% metallic, 32.3% acrylic and 29.3% cotton.

The applicable subheading for all three styles will be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers...and similar articles, knitted, of other textile materials, other, other, subject to man-made fiber restraints. The duty rate will be 6% ad valorem.

All three styles fall within textile category designation 639. 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 212-466-5852.

Sincerely,

Roger J. Silvestri
Director

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