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NY D83505




October 21, 1998

CLA-2-61:RR:NC:TA:359 D83505

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6104.49.9060

Ms. Laura Boyce
Customs Manager
The Donna Karan Company
555 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of a woman's pullover and dress from Hong Kong.

Dear Ms. Boyce:

In your letter dated September 14, 1998, and additional information submitted on October 1, 1998, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted two samples of garments constructed from 67% silk and 33% metallic, knit fabric. Style P190004VA/B, a sleeveless pullover, features a boat neckline. The outer surface of the fabric has more than 9 stitches per 2 centimeters, measured in the direction in which the stitches were formed.

Style P190024VA/B, a sleeveless dress, is made from a rib knit fabric and features a boat neckline and extends from the shoulders to well below the knees.

You have submitted a laboratory report from an independent testing service. They have determined the fiber content to be 67% silk, 33% metallic (steel). You stated in your request that there are two yarns present in the fabric of the garments, each composed of a single ply, and that these yarns are twisted together.

The applicable subheading for style P190004VA/B, the pullover, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for women's pullovers, knitted: of other textile materials: other. The duty rate will be 6% ad valorem.

The applicable HTS subheading for style P190024VA/B, the dress, will be 6104.49.9060, which provides for women's dresses, knitted: of other textile materials: other. The duty rate will be 5.8% ad valorem.

The pullover falls within textile category designation 838. The dress falls in category 836. Based upon international textile trade agreements products of Hong Kong 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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