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NY A83982




July 30, 1996

CLA-2-61:RR:NC:WA:359 A83982

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Wendy Wieland Martin
Manager Export/Import
Kellwood
600 Kellwood Parkway
Chesterfield, Missouri 63017

RE: The tariff classification of women's knitwear from Hong Kong and Korea.

Dear Ms. Wieland Martin:

In your letter dated May 24, 1996 you requested a tariff classification ruling.

You submitted three samples which were destroyed during our laboratory analysis.

The first sample, which has Style numbers 3280 (Missy), 2280 (Petite), and 4280 (Women's), is a woman's knit pullover. It has these features: a round, rib knit collar; long sleeves with rib knit cuffs and a rib knit waistband. It extends to the top of the wearer's thighs. There is one four inch high side slit on each side of the pullover's bottom.

The second sample has Style Numbers 3281 (Missy), 2281 (Petite), and 4281 (Woman). It is a short sleeved pullover with a mock-turtle neck. The ends of the sleeves and the waistband have rib knit construction. The pullover extends below the waist of the wearer.

The third sample has Style Numbers 3282 (Missy), 2282 (Petite) and 4282 (Women). It is a long sleeved cardigan that has a full-front, four button opening below a deep V-neckline. Other features include two front pockets below the waist, a rib knit bottom and rib sleeve cuffs.

All three of these styles are made of fabric that is knitted in a 7X1 rib construction and that has more than nine stitches per two centimeters, measured in the horizontal direction. You give the fiber content for all three garments as 85% acrylic, 10%% rayon, 5% metallic.

In order to classify your samples we have submitted them to the U.S. Customs Laboratory at New York for an analysis of their fiber content and yarn structure. The laboratory has reported that all three styles consist of two 2-ply acrylic yarns and two 2-ply metallized yarns. For style 3280 the metallized yarns consist of 62.9% rayon and 37.1% mylar type metallic. The overall fiber composition for this style is 82.8% acrylic, 17.2% metallized yarns. For style 3281 the metallized yarns consist of 64.9% polyester, 35.1% metallized yarns. The overall fiber content of this style is 83.3% acrylic, 16.7% metallized yarns. For style 3282 the metallized yarns consist of 68% polyester, 32% metallized yarns. The overall fiber composition for this style is 84.2% acrylic, 15.8% metallized yarns.

The applicable subheading for all three styles will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers and similar articles, knitted, of man-made fibers, other, women's or girls'. The duty rate will be 33.8% ad valorem.

All three styles fall within textile category designation 639. Based upon international textile trade agreements products of Hong Kong and Korea 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 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 the 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
National Commodity

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