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NY B87846




October 27, 1997

CLA-2-61:RR:NC:TA:359 B87846

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Saralee Antrim-Saizan
Customs Compliance Administration
Carmichael International Service
533 Glendale Blvd.
Los Angeles, CA 90026-5097

RE: The tariff classification of a woman's knitted pullover from Mexico.

Dear Ms. Antrim-Saizan:

In your letter dated July 15, 1997, on behalf of the importer, Judy Ann of California, 1936 Mateo St., Los Angeles, you requested a tariff classification ruling.

Style 62690 is a woman's finely knitted pullover with a round neckline, short, hemmed sleeves and a hemmed bottom. There is also an inside, tank-top style lining which is permanently sewn to the shoulders of the pullover. You call this style a "shimmer blouse with tricot tank lining". It is designed for wear on the upper torso over underwear. You state that the outer shell has a fiber content of 63% nylon and 37% polyester; and that the tricot lining is made from 100% nylon fibers. The fabric of the outer shell is of Korean origin, while the lining fabric comes from the United States. Both fabrics are shipped into Mexico where they are cut, sewn and assembled into the finished pullover. The fabric of the outer shell has more than nine stitches per two centimeters, measured in the direction that the stitches were formed.

In order to verify the fiber content of the pullover and to analyze the yarn structure of its fabric, we have submitted the sample to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber content is 68.8% nylon and 31.2% metallic strips (mylar type). The laboratory has also stated that the fabric of the pullover is composed of two single ply yarns consisting entirely of nylon fibers and one metallic (mylar type) strip that is less than five millimeters in width. Your sample was destroyed during our laboratory analysis.

The applicable subheading for Style 62690, the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers...and similar articles, knitted or crocheted, of man-made fibers, other, women's. The duty rate will be 33.5% ad valorem.

The pullover falls within textile category designation 639. Based upon international textile trade agreements products of Mexico 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,

Robert B. Swierupski
Director,

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