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NY B84417




May 5, 1997

CLA-2-61:RR:NC:TA:359 B84417

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.30.1560

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

RE: The tariff classification of five women's knit garments from Hong Kong.

Dear Ms. Biglow:

In your letter dated April 4, 1997, on behalf of Molto Fino, Inc., you requested a tariff classification ruling.

You submitted five styles of women's garments that are constructed from knit fabric. The front and back panels of all five garments, and the sleeves of style 10209, are made from 50% acrylic, 50% polyester, napped fabric. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the horizontal direction.

Style number 10201 is a cardigan constructed from 56% polyester, 30% acrylic, 14% wool, knit fabric. The collar, sleeves, pockets and placket are made from boucle knit fabric. The garment features a stand-up collar; long sleeves; a full front opening with a zipper closure; a left chest pocket with a zipper closure; a drawstring waist; and two front patch pockets below the waist. The collar, cuffs, pockets and the bottom of the garment are finished with jersey knit fabric.

Style number 10203 is a cardigan made from 56% polyester, 30% acrylic, 14% wool, knit fabric. The sleeves are made from boucle knit fabric. The garment features a ribbed shirt-type collar; long sleeves with ribbed cuffs; a full front opening with a zipper closure; a left chest pocket with a zipper closure; and a ribbed bottom. The collar, cuffs and the bottom of the garment are finished with jersey knit fabric.

Style number 10209 is a pullover made from 80% polyester, 15% wool, 5% other fibers. The collar, yoke and sleeve cuffs are made from rib knit fabric. The garment features a stand-up collar; long sleeves; a partial front opening with a zipper closure; and a drawstring waist. The collar and sleeves are finished with boucle fabric.

Style number 10250 is a cardigan made from 56% polyester, 30% acrylic, 14% wool, knit fabric. The collar, yoke and sleeves are made from boucle fabric. The garment features a stand-up collar; long sleeves; a full front opening with a zipper closure; and two front pockets with zipper closures in the waist area. The cuffs and the bottom of the garment are finished with jersey knit fabric.

Style number 10258 is a knit pullover made from 50% polyester, 35% wool, 10% nylon, 5% other fibers. The collar, sleeves and pocket are made from boucle fabric. The garment features a turtleneck collar; long sleeves; a front left patch pocket in the waist area; and a drawstring bottom. The cuffs and pocket are finished with jersey knit fabric.

Style number 10260 is being issued under NY B85203.

Your samples are being returned.

The essential character of all five garments is imparted by the napped fabric, Harmonized Tariff Scedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), noted.

The applicable subheading for styles 10201, 10203, 10209 and 10250 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. The duty rate will be 33.5% ad valorem.

The applicable HTS subheading for style number 10258 will be 6110.30.1060 which provides for women's pullovers, knitted: of man-made fibers: other: containing 23% or more by weight of wool or fine animal hair: other. The duty rate will be 17% ad valorem.

Styles 10201, 10203, 10209 and 10250 fall within textile category designation 639. Style number 10258 falls in category 438. 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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