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NY D80282




August 19, 1998

CLA-2-61:RR:NC:TA:359 D80282

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1060; 6110.90.9028

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 342732668 is a woman's knitted cardigan with a full-front opening with seven button closures, a V-shaped neckline and long sleeves. There are two patch pockets on the front near the waistline. The fabric of the cardigan 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 68% silk, 20% polyester and 12% metallic.

Style 342582538 is a woman's knitted pullover sweater which is sleeveless and which has a turtleneck. The rib knit fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The laboratory reports that the fiber content is 50% acrylic, 43% wool, 5% rayon and 2% metallic.

Style 342582548 is a woman's knitted cardigan sweater with a round neckline and a full-front opening with seven button closures that reach to the neck. The sleeves of the garment are long. Your laboratory reports the fiber content as 50% acrylic, 43% wool, 5% rayon and 2% metallic. The fabric stitch count is nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed.

Your laboratory also reports this information:

1) Style 342732668 - there are two yarns: Yarn A is a single ply of 100% silk; Yarn B is 2-ply consisting of 66% rayon and 34% metallic.

2) Style 342582538 - has two yarns: Yarn A is a 2-ply 52% wool and 48% acrylic blend; Yarn B is a 2-ply blend of metallized 66% rayon and 34% polyester. Yarns A and B are twisted together and then knitted into the fabric.

3) Style 342582548 - is the same as the second style.

The applicable subheading for Style 342732668, the cardigan, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of other textiles materials, other, other, other, women's. The duty rate will be 6% ad valorem.

The applicable HTS subheading for Style 342582538, the pullover sweater, and Style 342582548, the cardigan sweater will be 6110.90.9028, which provides for sweaters, knitted or crocheted, of other textile material, other, sweaters for women, subject to wool restraints. The duty rate will be 6% ad valorem.

Style 342732668, the cardigan, falls within textile category designation 838. Style 342582538 and Style 342582548, the sweaters, fall in category 446. 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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