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NY C84093




March 9, 1998

CLA-2-61:RR:NC:TA:N3:356 C84093

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2070

Ms. Doreen Coty
F. W. Myers & Co., Inc.
Myers Building,
Rouses Point, NY 12979-1091

RE: The tariff classification of a men's knit garment from China.

Dear Ms. Coty:

In your letter dated February 4, 1998, you requested a tariff classification ruling on behalf of Francis International Trade Development Inc. As requested, your sample will be returned.

Style 1809 is a men's pullover garment constructed from 100 percent fine animal hair obtained from the yak. The jersey knit fabric measures thirteen stitches per two centimeters counted in the horizontal direction. The garment features a mock turtleneck; long sleeves with rib knit cuffs; and a rib knit bottom.

In your correspondence, you identified the fiber content as "100 percent Yak Cashmere". However, only fibers obtained from the Kashmir goat are considered cashmere for tariff classification purposes. Following Chapter 51, Note 1 (b), yak hair is considered fine animal hair.

Consequently, the applicable subheading for Style 1809 will be 6110.10.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: other: other: men's or boys'. The duty rate will be 16.6 ad valorem.

Style 1809 falls within textile category designation 438. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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.

Style 1809 is subject to the requirements of the Wool Products Labeling Act. The garment must be marked with the proper fiber content, country of origin and registration number or tradename in accordance with the rules and regulations promulgated under the Act. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington D.C. 20508 for the requirements under this Act.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number listed above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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