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August 20, 1999

CLA-2-61:RR:NC:TA:359 E83157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6104.39.2090; 6110.90.9090

Ms. Diane M. Bonvissuto
D. Hauser, Inc.
182-23 150th Avenue
Springfield Gardens, NY 11413

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

Dear Ms. Bonvissuto:

In your letter dated June 8, 1999, on behalf of Joyce Leslie, Inc.., you requested a tariff classification ruling.

You submitted three samples of women’s knit garments. Style 4488 is a 1x1 rib knit halter top. You state that the fiber content is 85% acrylic, 10% rayon, 5% polyester. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The top features a keyhole V-neckline, a very low straight back, and neck ties.

Style 4469 is a bolero-style jacket. You state that the fiber content is 60% ramie, 26% cotton, 14% metallic. The garment has three panels, two of which are in the front, sewn together lengthwise and features long sleeves and a full front opening. The jacket does not reach the waist.

Style 4471 is a pullover. You state that the fiber content is 53% ramie, 20% cotton, 13% polyester, 9% metallic, 3% nylon and 2% spandex. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a low V-neckline and long sleeves.

In order to verify the fiber content of these 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 content of style 4488 is 84.5% acrylic, 8.3% polyester, 7.2% rayon. The laboratory has also stated that the garment is composed of three yarns; two single ply acrylic yarns and one 3-ply lustrous yarn (one single ply of polyester and two single plies of rayon). The overall fiber content for style 4469 is 70.4% ramie, 15.7% cotton, 9.2% polyester, 4.7% metallic. The garment is composed of six yarns; four 2-ply cotton/ramie blended yarns and two 2-ply metallic yarns (one ply 66.3% polyester, one ply 33.7% metallic. The overall fiber content for style 4471 is 56.2% ramie, 15.8% polyester, 14.7% cotton, 8.3% metallic, 3.6% nylon, 1.4% spandex. The garment is composed of three yarns; one 2-ply ramie/cotton blended yarn, one 2-ply metallic yarn (1-ply 65.7% polyester, 1-ply 34.3% metallic), and one 2-ply spandex yarn.

Your samples are being returned as requested.

The applicable subheading for style 4488 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s other garments, knitted: tops: of manmade fibers. The duty rate will be 29.1% ad valorem.

The applicable HTS subheading for style 4469 will be 6104.39.2090, which provides for women’s suit-type jackets, knitted: of other textile materials: other: other. The duty rate will be 3% ad valorem.

The applicable HTS subheading for style 4471 will be 6110.90.9090, which provides for women’s pullovers, knitted: of other textile materials: other: other: other. The duty rate will be 6% ad valorem.

Style 4488 falls within textile category designation 639. Style 4469 falls in category 835. Style 4471 falls in category 838. 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 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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