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NY E83809




September 20, 1999

CLA-2-61:RR:NC:TA:359 E83809

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078

Mr. James J. Kelly
Barthco
7575 Holstein Ave.
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated June 16, 1999, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted three samples of women’s knit garments; styles 821950008, 821950018 and 821950028. You state that the fiber content for the three garments is 85% rayon, 10% polyester, 5% metallic. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the horizontal direction. Style 821950008 is a sleeveless pullover that features a V-neckline and a hemmed bottom.

Style 821950018 is a cardigan that features a V-neckline; long hemmed sleeves; a full front opening with 4 button closures; and a hemmed bottom.

Style 821950028 is a pullover with a half moon neckline; long hemmed sleeves; and a hemmed bottom.

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 fiber content of Styles 821950008 and 821950018 is 83.6% rayon, 11.1% polyester, 5.3% metallic yarn (mylar type). The fiber content of Style 821950028 is 83.9% rayon, 10.3% polyester, 5.8% metallic. The laboratory has also stated that the three garments are composed of one yarn with four plies twisted together in the structure of a 2-ply rayon yarn twisted together with a 2-ply metallic yarn.

Your samples are being returned.

The applicable subheading for all three styles will be 6110.90.9078 Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, pulloversand similar articles, knitted: of other textile materials: other: other: subject to manmade fiber restraints. The duty rate will be 6% ad valorem.

The three garments fall within textile category designation 639. Based upon international textile trade agreements products of 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.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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