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NY B88030




December 29, 1997

CLA-2-61:RR:NC:TA:359 B88030

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. James Jue
Hecny Brokerage Services, Inc.
8933 S. La Cienega Blvd.
Inglewood, CA 90301

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

Dear Mr. Jue:

In your letter dated August 4, 1997, on behalf of Knits Cord, Ltd., Montebello, CA, you requested a tariff classification ruling.

You submitted three samples of women's knitted wearing apparel. These samples were destroyed during our laboratory analysis.

Each one of the samples is designed for wear by women on the upper torso. The garments extend from the neck and shoulders to below the waistline. You state that the fiber content for each sample is 40% acrylic, 40% rayon and 20% metallic. Each style is made from knitted fabric that has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Style 8700 is a cardigan that is similar to a sweater, and that has a V-neckline which extends into a full-front opening with four button closures. It also has long sleeves. The cardigan has a one-half, self-fabric belt that is permanently sewn into the garment at its sides.

Style 8701 is a long sleeved pullover with a V-neckline. There are three non-functional buttons at the front chest.

Style 8702 is a cardigan which has a shirt-type collar, long sleeves and a full-front opening with six button closures. Decorative openwork fabric covers the bottom third of the cardigan.

In order to verify the fiber content of the samples and to analyze the yarn structure of the fabric, we have submitted them to the U.S. Customs Laboratory in New York. The laboratory has reported that the over all fiber content is:

Style 8700 - 40.6% rayon
38.3% acrylic
21.1% metallic

Style 8701 - 43.5% rayon
43.2% acrylic
13.3% metallic

Style 8702 - 39.5% acrylic
39.1% rayon
21.4% metallic

The laboratory has also reported that Style 8700 is composed of two 2-ply yarns (acrylic and rayon), and three 2-ply metallic strips. The composition of the metallic strips is 65.7% polyester, 34.3 mylar-type metallic.

According to the laboratory Style 8701 consists of two 2-ply yarns (acrylic and rayon), two 2-ply metallic strips, and two additional 2-ply yarns of acrylic and rayon. The composition of the metallic strips is 64.8% polyester and 35.2% mylar-type metallic. Style 8702 is composed of two 2-ply yarns (acrylic and rayon), and three 2-ply metallic strips. The composition of the strips is 65.5% rayon, 34.5% mylar-type metallic.

The applicable subheading for each one of the three samples, Styles 8700, 8701 and 8702 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, other, other, other, other, women's. The duty rate will be 33.5% ad valorem (1997); 33.3% ad valorem (1998).

Each one of the three samples falls within textile category designation 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,

Robert B. Swierupski
Director,

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