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NY C86226




May 18, 1998

CLA-2-61:RR:NC:TA:359 C86226

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

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

Dear Mr. Lynch:

In your letter dated April 3, 1998, on behalf of Susan Bristol, Inc., Boston, Massachusetts you requested a tariff classification ruling.

You submitted one sample which we are returning, as requested.

Style 1841112 is a woman's knitted pullover sweater with a V-shaped neckline and long sleeves. There are also a rib knit waistband and rib knit sleeve cuffs. The sweater extends from the wearer's neck and shoulders to her hips. The stitch count of the fabric of this sweater measures uniformly throughout as less than nine stitches per two centimeters in the direction in which the stitches were formed. The sweater is a product of Hong Kong.

The fabric of this sweater is bifurcated into two sections each of which has its own fiber content. For the blended yarn that composes the upper half of the front, back and sleeves the fiber content is 72.6% cotton, 27.4% nylon; while the lower half of the front, back and sleeves consists only of 100% wool. The overall fiber content of the sweater is 45.4% wool, 39.6% cotton and 15% nylon.

Although you stated in your submission that the sweater "consists of distinct sections knit from different yarns which are joined together," you clarified this in response to a telephone inquiry from the appropriate National Import Specialist (NIS) who handles this merchandise. You noted that the two sections of the sweater fabric are knit continuously, and that only the yarns change during the knitting process, not the knitted structure of the sweater fabric as a whole. It is evident that these yarns are joined in the fabric making process. Thus, the classification of this sweater is determined according to Note 2, Section XI, Harmonized Tariff Schedule of the United States (HTS), as well as to the Explanatory Notes to Note 2 of that section.

The applicable subheading for Style 1841112, the pullover sweater, will be 6110.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted or crocheted, of wool or fine animal hair: other, sweaters, women's. The duty rate will be 16.6% ad valorem.

The sweater falls within textile category designation 446. Based upon international textile trade agreements products of Hong Kong 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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