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NY D82503





November 12, 1998

CLA-2-61:RR:NC:TA:359 D82503

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6109.90.1065; 6110.30.3055

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

RE: The tariff classification of women's knitwear from Hong Kong and China.

Dear Ms. Hodur:

In your letter dated September 1, 1998 you requested a tariff classification ruling.

You submitted four samples which we are returning as requested.

Style ND1BT533 is a woman's knitted sleeveless pullover with a V-neckline. The 2X2 rib knit fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The fiber content is 85.5% cotton, 9.4% polyester and 5.1% metallic. As reported by your company's technical center, the fabric structure consists of a 2-ply cotton and polyester yarn and a 2-ply polyester and metallic yarn.

Style ND1BT534 is a woman's knitted, long sleeved cardigan with a V-neckline and a full-front, five button opening. There are no pockets on this garment. The fabric, fiber content and yarn structure of this style are the same as those for Style ND1BT533.

Style NJ2KP352 is a woman's knitted tank top with shoulder straps measuring less than two inches wide. The tank top also has a square neckline in front and back. The drop at the rear extends below the nape of the neck. The knitted fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The testing service reports that the fiber content is 95.6% rayon and 4.4% metallic, and that the yarn structure consists of a rayon multi-filament yarn and a metallic yarn that is laminated with polyester.

Style NJ2KP557 is a ladies' knitted cardigan with long, hemmed sleeves and a hemmed bottom. The cardigan also has a V-neckline and a full-front opening with five button closures. The fabric of this cardigan has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed, but less than ten stitches per linear centimeter measured in the horizontal direction. Its fiber content and yarn structure are the same as those for Style NJ2KP352.

The applicable subheading for Styles ND1BT533 and ND1BT534 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 NJ2KP352 will be 6109.90.1065, which provides for t-shirts, singlets, tant tops and similar garments, knitted or crocheted, of other textile materials, of man-made fibers, tank tops and singlets, women's. The duty rate will be 33.2% ad valorem.

The applicable HTS subheading for Style NJ2KP557 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.

Styles ND1BT533 and ND1BT534 fall within textile category designation 339. Styles NJ2KP352 and NJ2KP557 fall in category 639. Based upon international textile trade agreements products of Hong Kong and China are subject to quota 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 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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