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NY B88688




December 9, 1997

CLA-2-61:RR:NC:TA:359 B88688

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. Mauritz Plenby
Senior Customs Specialist
Associated Merchandising Corp.
1440 Broadway
New York, NY 10018

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

Dear Mr. Plenby:

In your letter dated August 15, 1997, on behalf of Mervyn's, you requested a tariff classification ruling.

The sample which you submitted was destroyed during our laboratory analysis.

Style W27117 is a woman's knitted, long sleeved pullover with a V-neckline, rib knit sleeve cuffs and a rib knit bottom. It is worn on the upper torso over other wearing apparel. Its knitted fabric has more than nine stitches per two centimeters measured in the direction in which the stitches were formed. The hangtag on the pullover states this fiber content: 45% acrylic, 38% cotton, 11% polyester, 6% metallized yarn. The garment is a product of Hong Kong.

In order to verify the fiber content of the pullover and to analyze the yarn structure of the fabric, we have submitted it to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber content is 41% acrylic, 39.6% cotton and 19.4% metallic. The laboratory has also reported that the pullover is composed of one 2-ply acrylic and cotton yarn and one 2-ply metallic yarn. The acrylic/cotton yarn consists of 50.9% acrylic, 49.1% cotton. The metallic yarn consists of 62.9% filament nylon, 37.1% mylar type metallic.

The applicable subheading for Style W27117, the pullover, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted, of man-made fibers, other, other, others, other, 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 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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