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NY A86227





October 11, 1996

CLA-2-61:RR:NC:3:359 A86227

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030, 6104.43.2010, 6110.30.3055

Ms. Karen Wilder
Import Manager
Customs Import Adminstration
Esprit de Corp
900 Minnesota Street
San Francisco, CA 94107

RE: The tariff classification of four garments of women's knitwear from Hong Kong.

Dear Ms. Wilder:

In your letter dated July 15, 1996 you requested a tariff classification ruling.

You submitted four samples of women's knitwear which were destroyed during our laboratory analysis. The merchandise is made in Hong Kong.

Style 450420 is a woman's knitted sweater that features a V- neckline, short sleeves with ribbed cuffs and a ribbed bottom. You state that the fiber content of this pullover is 58% lambswool, 16% angora rabbit hair, 8% nylon and 18% metallic yarn. The fabric of the sweater has less than nine stitches per two centimeters, measured in the horizontal direction.

Style 450251 is a woman's knitted dress with short sleeves, a pointed knit collar, a partial front opening with a four-button closure and a tubular bottom. You state that the fiber content is 68% acrylic, 11% wool, 10% rayon and 11% metallic yarn.

Style 450052 is a woman's knitted pullover that features a scoop neck, short sleeves and rows of alternating plastic beads used as ornamentation. The rib knit fabric on the front of the pullover is a different rib knit fabric than the rib knit fabric used to make the back and the sleeves. However, both of them consist of more than nine stitches per two centimeters, measured in the horizontal direction. You state that the fiber content of the pullover is 73% acrylic, 13% wool and 14% metallic yarn (exclusive of ornamentation).

Style 450406 is a woman's knitted dress which features a V- neckline and short sleeves. The rib knit fabric on the front of the dress is different than the rib knit fabric which makes up the back and the sleeves. You state that the fiber content of the dress is 73% acrylic, 13% wool and 14% metallic yarn. There are also decorative rows of plastic beads found on the dress.

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. The laboratory has reported that three of your styles contain no metallic yarn. The overall fiber content for each of these garments is:

Style 450420: 70.8% wool
5.9% polyester
12.8% nylon
10.5% rayon

Style 450052: 65.6% acrylic
11.6% wool
7.7% polyester
15.1% rayon

Style 450406: 67.9% acrylic
11.0% wool
7.3% polyester
13.8% rayon

For Style 450251 the laboratory reported that the fabric is composed of three types of yarns. The first is a 2-ply yarn consisting of a blend of acrylic and wool; the second is a 2-ply blend of acrylic and rayon; and the third is a 2-ply yarn consisting of one ply of rayon and one ply of metallic yarn. The overall fiber content of the garment is:

Style 450251: 56.8% acrylic
31.9% rayon
7.3% wool
4.0% metallic yarns

The applicable subheading for Style 450420, the sweater will be 6110.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters...knitted or crocheted, of wool or fine animal hair, other, women's. The duty rate will be 16.8% ad valorem.

The applicable HTS subheading for Styles 450251 and 450406, the dresses, will be 6104.43.2010, which provides for women's...dresses...knitted or crocheted, of synthetic fibers, other. The duty rate will be 16.8% ad valorem.

The applicable HTS subheading for Style 450052, the pullover, will be 6110.30.3055, which provides for sweaters, pullovers...and similar articles, knitted or crocheted, of man- made fibers, other, other, other, other, other women's or girl's. The rate of duty will be 33.8% ad valorem.

Style 450420, the sweater, falls within textile category designation 446. Styles 450251 and 450406, the dresses, fall in category 636. Style 450052, the pullover, falls in category 639. 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,

Roger J. Silvestri
Director

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