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NY B80685





January 24, 1997

CLA-2-61:RR:NC:TA:359 B80685

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1020

Ms. Jerri Biglow
Marlowe & Co., Inc.
P.O. Box 90459
Los Angeles, CA 90009

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

Dear Ms. Biglow:

In your letter dated December 12, 1996, on behalf of Molto Fino, Inc., you requested a tariff classification ruling.

Style number 8310 is a woman's sweater constructed from 80% silk, 20% cotton, knit fabric (top half plus sleeves) and 55% linen, 45% cotton, finely knit fabric (bottom half). The collar, sleeve cuffs and pockets are constructed from 100% cotton, woven fabric. The surface area of the top half of the garment measures less than 9 stitches per 2 centimeters in the horizontal direction. The surface area of the bottom half of the garment measures more than 9 stitches per 2 centimeters in horizontal direction. The sweater features the following: a stand-up collar; a full front opening with 4 button loop closures and 2 patch pockets in the waist area. The collar, sleeve cuffs and placket are finished with woven capping.

Your sample is being retained by this office.

The essential character of the style 8310 is imparted by the top half and sleeves, Harmonized Tariff Schedule of the United States (HTS), General of Interpretation (GRI) 3(b), noted.

The applicable subheading for the sweater will be 6110.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 4.5% ad valorem.

The sweater falls within textile category designation 746. 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. 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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