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NY D80283





August 19, 1998

CLA-2-61:RR:NC:TA:359 D80283

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2080; 6110.90.9078

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 31C132608 is a woman's knitted long sleeve cardigan with a V-shaped neckline and a self-fabric tie belt. The belt is permanently attached to the cardigan insofar as the belt extends directly from the front placket. This belt fastens the cardigan by wrapping around the wearer's waist as one front panel is crossed over the other. 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 53% wool, 12% cashmere 11% polyester, 10% angora, 8% nylon, 6% metallic.

Style 31C133008 is a woman's knitted turtleneck pullover with long sleeves. The fabric stitch count and the fiber content of the garment are the same as for the previous garment, Style 31C132608.

Style 31C143018 is a woman's knitted long sleeved, V-neck pullover with four and one-half inch slits at each side at the bottom of the garment. There are more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. Your laboratory testing service reports the fiber content as 74% acetate, 18% rayon, 8% metallic.

Your laboratory also reports this information:

1) Style 31C132608 - there are two yarns: Yarn A is 4-ply of 60% wool, 15% cashmere, 15% angora and 10% nylon fibers; Yarn B is 2-ply and consists of 65% polyester, 35% metallized polyester.

2) Style 31C133008 is the same as the above.

3) Style 31C143018 has two yarns: Yarn A is 2-ply and consists of acetate fibers entirely; Yarn B is 2-ply and consists of 73% rayon, 27% polyester; Yarn B is metallized under vacuum with aluminum to become a metallized yarn; Yarns A and B are wrapped together to make one yarn.

The applicable subheading for Style 31C132608, the cardigan, and Style 31C133008, the pullover, will be 6110.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of wool or fine animal hair, other, other, women's. The duty rate will be 16.6% ad valorem.

The applicable HTS subheading for Style 31C143018, the pullover, will be 6110.90.9078, which provides for sweaters, pullovers and similar articles, knitted or crocheted, of other textile materials, other, other, subject to man-made fiber restraints, women's. The duty rate will be 6% ad valorem.

Styles 31C132608 and 31C133008 fall within textile category designation 438. Style 31C143018 falls 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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