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August 11, 1999

CLA-2-61:RR:NC:TA:359 E82605

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090; 6110.90.9078

Mr. David J. Evan?tc "Mr. David J. Evan"? Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Ave., 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of three women’s knit garments from Hong Kong

Dear Mr. Evan:

In your letter dated May 25, 1999, on behalf of Mast Industries, Inc., you requested a tariff classification ruling.

You submitted three samples of women’s knit garments. You state that the fiber content for 85CVMA1 and CVMA09 is 85% metallic, 15% nylon; for style 32CVMA1, 68% tactel polyamide, 32% metallic. You also state that the country of origin will be Hong Kong. The outer surface of all three garments measures more than 9 stitches per 2 centimeters in the horizontal direction. Style 85CVMA1 is a sheer knit pullover that features a turtleneck and long sleeves.

Style CVMA09 is a sleeveless sheer knit pullover that features a boat neckline.

Style 32CVMA1 is a knit pullover that features a turtleneck and long sleeves.

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 style 85CVMA1 is composed of a single yarn of 85.9% metallic, 14.1% nylon; style CVMA09 is composed of a single yarn of 86.1 metallic, 13.9% nylon; style 32CVMA1 is composed of a single yarn of 63.8% nylon, 36.2% metallic. In accordance with section XI, subheading note 2, HTS, the weight of all fibers in a yarn that contains metallic are considered an “other fiber”. For classification at the statistical level, each fiber is treated separately.

Your samples are being returned as requested.

The applicable subheading for styles 85CVMA1 and CVMA09 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: other: other: other. The duty rate will be 6% ad valorem.

The applicable HTS subheading for style 32CVMA1 will be 6110.90.9078, which provides for women’s pullovers, knitted: of other textile materials: other: other: other: subject to manmade fiber restraints. The duty rate will be 6% ad valorem.

Styles 85CVMA1 and CVMA09 fall within textile category designation 838. Style 32CVMA1 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 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.USTREAS.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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