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NY D82039




September 18, 1998

CLA-2-61:RR:NC:TA:359 D82039

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6110.30.3055

Ms. Elizabeth Hodur
Classification Specialist
Warnaco, Inc.
Customs Compliance Department
90 Park Ave.
New York,, NY 10016

RE: The tariff classification of three samples of women's knitwear from Hong Kong and the Commonwealth of the Northen Marianas.

Dear Ms. Hodur:

In your letter dated September 1, 1998, submitted for CK Jeans Division, you requested a tariff classification ruling.

You submitted three samples, which are returned as you requested.

Style NJ2FT597 is a woman's knitted pullover with a turtleneck and long sleeves. The 1X1 rib knit fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover extends from the wearer's neck and shoulders to her waist. As noted in a report dated August 31, 1998, from Warnaco's Technical Center, the fiber content for this pullover is 90.2% cotton, 6.6% rayon, 3.2% metallic yarns. The country of origin is Hong Kong.

Style NJ2FZ408 is a woman's knitted pullover with long sleeves and a round, capped neckline. Its fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover extends from the wearer's neck and shoulders to below her waist. The technical center states that the fiber content is 80.2% polyester, 10.5% spandex, 9.3% metallic yarns. The country of origin is the Commonwealth of the Northern Marianas.

Style NJ2FC408 is also a woman's knitted pullover with long sleeves and a round, capped neckline. Its fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover extends from the wearer's neck and shoulders to below the waist. The technical center states that the fiber content is 80.5% polyester, 10.2% spandex, 9.3% metallic yarns. For Styles NJ2FZ408 and NJ2FC408 the metallic yarn is present only in horizontal stripes which are interspersed with stripes of polyester and spandex fabric. The country of origin is the Commonwealth of the Northern Marianas.

The technical center also reports the following information:

1) Style NJ2FT597 consists of a cotton and rayon spun yarn, as well as a metallic yarn that is laminated with polyester; 2) Style NJ2FZ408 consists of a polyester multi- filament yarn, a spandex single filament yarn and two yarns of single plied polyester and single plied metal foil laminated to polyester;
3) Style NJ2FC408 consists of the same breakdown as the second style.

The applicable subheading for Style NJ2FT597 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of cotton, other, other, other, women's. The duty rate will be 19% ad valorem.

The applicable HTS subheading for Style NJ2FZ408 and Style NJ2FC408 will be 6110.30.3055, which provides for sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers. The general rate of duty 33.3% ad valorem.

Upon importation garments from the Commonwealth of the Northern Marianas may qualify for the special rate of duty if all documentary requirements are satisfied.

Style NJ2FT597 falls within textile category designation 339. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. Products from the Commonwealth of the Northern Marianas are not subject to quota restraints or visa requirements.

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 Section 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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