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NY C83837




May 26, 1998

CLA-2-61:RR:NC:TA:359 C83837

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055, 6104.63.2011

Ms. Georgina M. Chew-Tang
North Coast Industries
20 Liberty Ship Way
Sausalito, California 94965

RE: The tariff classification of four samples of women's knitwear from Taiwan and Korea

Dear Ms. Chew-Tang:

In your letter dated January 23, 1998 you requested a classification ruling.

The samples you submitted are returned as requested. Some damage occurred due to the laboratory analysis. We regret the delay in responding to your request.

You submitted four samples. Style WF-01 is a woman's knitted pullover with a round, capped neckline and short, hemmed sleeves. The bottom is also hemmed and has a two-inch high slit at each side. The pullover extends from the neck and shoulders to below the waist of the wearer.

Style WF-02 is a woman's knitted pullover with a round, hemmed neckline and long, hemmed sleeves. The hemmed bottom has a slit at each side which measures approximately six inches high. The pullover extends from the neck and shoulders to below the waist of the wearer.

Style WF-23 is a woman's knitted pullover with a round, capped neckline and long sleeves with tubular ends. There is also a tubular bottom. The pullover extends to below the waist of the wearer.

Style WF-68 is a woman's knitted pair of pants which has an elastic waistband and a drawstring at the waist. There are also two side entry pockets on this garment.

Styles WF-01, WF-02 and WF-23, the pullovers, all have more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. Styles WF-01, WF-02, the pullovers, and Style WF-68, the pants, are made in Taiwan. Style WF-23, the pullover, is made in Korea. You report these fiber contents:

Style WF-01: 85% polyester, 15% metallic

Style WF-02: 84% polyester, 4% spandex, 12% metallic

Style WF-23: 100% acrylic

Style WF-68: 95% polyester, 5% spandex

In order to verify the fiber content of your samples and to analyze the structure of the fabric of which they are composed, we have submitted them to the U.S. Customs Laboratory in New York. What follows is the result of the laboratory testing.

Style WF-01 is composed of a single ply filament polyester yarn and a 2-ply metallic yarn that consists of a single ply of mylar-type metallic yarn and a single ply of nylon filament yarn. The overall fiber content of this style is 92% polyester, 8% metallic.

Style WF-02 is composed of a single ply filament polyester yarn, a monofilament elastic yarn and a 2-ply metallic yarn. The metallic yarn consists of a single ply of mylar type metallic yarn and a single ply of nylon filament yarn. The overall fiber content for this style is 90.6% polyester, 2.8% spandex and 6.6% metallic.

Style WF-23 is composed of three filament acrylic yarns and a 2-ply metallic yarn. The metallic yarn consists of a single ply of mylar-type metallic yarn and a single ply of filament rayon yarn. The overall fiber content for this style is 71.8% acrylic, 28.2% metallic.

Style WF-68 is composed of a single filament polyester yarn, a monofilament elastic yarn and a 2-ply metallic yarn. The metallic yarn consists of a single ply filament nylon yarn and a single ply mylar type metallic yarn. The overall fiber content for this style is 89.4% polyester, 3.6% spandex and 7% metallic.

The applicable subheading for the Styles WF-01, WF-02 and WF-23, the pullovers, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, knitted or crocheted, of man-made fibers, other, other, other, other, other, women's. The duty rate will be 33.3%.

The applicable subheading for the Style WF-68, the pants, will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's trousers, knitted or crocheted, of synthetic fibers, other, other, trousers and breeches, women's, other. The duty rate will be 29.3%.

The pullovers fall within textile category designation 639. Based upon international textile trade agreements products of Taiwan and Korea are subject to quota and the requirement of a visa.

The pants fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan are subject to quota 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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