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August 10, 1999

CLA-2-61:RR:NC:TA:359 E82372

CATEGORY: CLASSIFICATION L 2

TARIFF NO.: 6110.20.2020; 6110.10.2080

Ms. Elizabeth Hodur
Warnaco?tc "Warnaco"?
90 Park Avenue
New York, NY 10016

RE: The tariff classification of a woman’s sweater and two pullovers from Hong Kong or China

Dear Ms. Hodur:

In your letter dated May 19, 1999, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted five samples of women’s knitted garments. Styles WJ2RW497 and WD1TH5BD were completed under ruling number E82781. You state that the fiber content for style number WJ2RK453, a sweater, is 94% cotton, 4% polyester, 2% metallic. The outer surface of the sweater measures less than 9 stitches per 2 centimeters in the horizontal direction. The sweater features a round neckline, a partial zipper opening in the shoulder area, long sleeves with ribbed cuffs and a ribbed bottom.

Style number WD1TG5CJ is a pullover with a round neckline and long sleeves. You state that the fiber content is 75% lambswool, 16% rayon, 8% polyester, 1% metallic. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a round neckline and long sleeves.

Style number WD1TG5BE is the same as style WD1TG5CJ except it is sleeveless.

In order to verify the fiber content of these three garments and to analyze the yarn structure of the fabric, we have submitted the samples to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber composition for style WJ2RK453 is 93.6% cotton, 6.4% mylar-type metallic. The laboratory has also stated that this style is composed of two types of yarns; three 2-ply metallic yarns and ten 2-ply cotton yarns. The metallic yarns consist of 65.6% polyester, 34.4% metallic. The overall fiber content for styles WD1TG5CJ and WD1TG5BE is 71.3% wool, 28.7% mylar-type metallic. These two styles are composed of three types of yarns; four single ply wool yarns and two 2-ply blended yarns which consists of 63.7% polyester and 36.3% metallic.

The applicable subheading for style WJ2RK453, the sweater, will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted: of cotton: other. The duty rate will be 18.6% ad valorem

The applicable HTS subheading for styles WD1TG5CJ and WD1TG5BE, the pullovers, will be 6110.10.2080, which provides for women’s pullovers, knitted: of wool or fine animal hair: other. The duty rate will be 16.5% ad valorem.

Style WJ2RK453 falls within textile category designation 345. Styles WD1TG5CJ and WD1TG5BE fall in category 438. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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