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NY C89583




August 17, 1998

CLA-2-61:RR:NC:3:TA:359 C89583

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.90.9030

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

RE: The tariff classification of a woman's knitted pullover and a woman's knitted sweater from Korea.

Dear Ms. Chew-Tang:

In your letter dated June 26, 1998, you requested a classification ruling. You samples are returned as requested.

Style 1EA23 is a woman's knitted pullover that is made from a double knit fabric which has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover has a round, capped neckline, long sleeves with ribbed ends and a ribbed bottom. The laboratory testing service which you employed reports that the fiber content of this pullover is 85.2% acrylic, 11.1% rayon and 3.7% metallic. It is a product of Korea.

Style 1EA24 is a woman's knitted sweater that is made from jersey knit fabric which has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The sweater has a round, capped neckline, short sleeves with tubular ends and a tubular bottom. The laboratory testing service reports that the fiber content of the sweater is 39.8% rayon, 24% acrylic, 23.7% cotton and 12.5% metallic. It is also a product of Korea.

The testing service also reports this additional information. Style 1EA23 is composed of two single ply acrylic yarns and two 2-ply filament yarns that consist of rayon and metallic. The metallic yarn is a polyester filament with a metallic coating and its fiber content breakdown is 94.6% polyester, 5.4% metal.

Style 1EA24 is composed of two 2-ply spun acrylic/cotton yarns and four 2-ply filament yarns that consist of rayon and metallic. The metallic yarn is a polyester filament with a metallic coating. It has a fiber composition of 92% polyester, 8% metal.

The applicable subheading for Style 1EA23, the pullover, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted, of man-made fibers, other, other, other, other, other, women's. The duty rate will be 33.3 percent ad valorem.

The applicable subheading for Style 1EA24, the sweater, will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted, of other textile materials, other, sweaters for women, subject to man-made fiber restraints. The duty rate will be 6 percent ad valorem.

Style 1EA23, the pullover, falls within textile category designation 639. Style 1EA24, the sweater, falls within textile category designation 646. Based upon international textile trade agreements products of Korea are subject to visa requirements and quota restraints.

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 Michael Crowley at 212-466-5852.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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