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NY D80272




August 25, 1998

CLA-2-61:RR:NC:TA:359 D80272

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1560; 6110.30.3055

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated July 14, 1998, submitted on behalf of your client, Jones Apparel Group, Bristol, Pennsylvania, you requested a tariff classification ruling.

Your samples are returned as requested.

Style 3261A068 is a woman's knitted pullover with a V-shaped neckline and long sleeves. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. Your laboratory testing service reports that the fiber content for this style is 43% acrylic, 40% wool, 11% polyester, 6% metallic.

Style 3264H448 is a woman's knitted pullover with a round, capped neckline and short sleeves. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The laboratory reports that the fiber content is 38% rayon, 31% acetate, 27% nylon and 4% metallic.

Style 3264H458 is a woman's knitted cardigan, similar to a sweater. It has a V-shaped neckline, long sleeves and a full-frontal opening with six buttoned closures. The fiber content and the fabric stitch count are the same as those for Style 3264H448.

Your laboratory also reports this information:

1) Style 3261A068 has two yarns: Yarn A consists of two plies with 52% acrylic, 48% lambswool fibers; Yarn B has two plies of 65% polyester, 35% metallic; Yarn B is metallized with aluminum and plaited on top of yarn A.

2) Style 3264H448 has three yarns: Yarn A is a single ply of 100% acetate; Yarn B is 2-plied of 54% polyester and 46% nylon fibers; Yarn C is 2-plied with 61% rayon and 39% nylon fibers: Yarn B is metallized with aluminum under a vacuum process; Yarn A is wrapped with Yarn B; Yarn "A/B" is plaited together with Yarn C.

3) Style 3264H458 is the same as the style discussed in #2.

The applicable subheading for Style 3261A068, the pullover, will be 6110.30.1560, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, other, containing 23 percent or more by weight of wool or fine animal hair, other, women's. The duty rate will be 17% ad valorem.

The applicable HTS subheading for Style 3264H448, the short-sleeved pullover, and Style 3264H458, the cardigan, will be 6110.30.3055, which provides for sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, other, women's. The duty rate will be 33.3% ad valorem.

Style 3261A068 falls within textile category designation 438. Style 3264H448 and Style 3264H458 fall in category 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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