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July 9, 1999

CLA-2-61:RR:NC:TA:359 E84493

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2080; 6110.10.2030

Ms. Elizabeth Hodur
Warnaco, Inc.
90 Park Avenue?tc "90 Park Avenue" \l 2?
New York, NY 10016

RE: The tariff classification of women’s knitted wearing apparel from Hong Kong or China

Dear Ms. Hodur:

This is a replacement letter for New York Ruling Letter (NYRL) E82781 that was issued to you on June 21, 1999. In your letter dated June 30, 1999, you state that style WJ2RW497 has less than 9 stitches per 2 centimeters. You resubmitted style WJ2RW497 to verify the classification. You also resubmitted style WD1TH5BD for verification. The two style numbers were inadvertly switched. Style WJ2RW497 is a sweater. Style WD1TH5BD is a pullover. Please see corrected letter below. Your samples are being returned as requested.

In your letter dated May 19, 1999 you requested a tariff classification ruling.

You submitted five style numbers (WJ2RK453, WD1TG5CJ, WD1TG5BE, WJ2RW497, WD1TH5BD) but only four samples. We cannot rule on style WD1TG5BE without a sample. Styles WJ2RK453 and WD1TG5CJ have been sent to our Customs laboratory for analysis and will be answered in ruling number E82372 at a later date.

Style number WD1TH5BD is a woman’s pullover that is constructed from 99% wool, 1% metallic, multi-rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. You stated in a telephone conversation with the NISA that the sleeves and upper portion of the garment are constructed from 100% lambswool. The metallic lower portion is constructed from 87% lambswool, 12% nylon, 1% metallic, and that. the small portion below that, is 100% lambswool. The garment features a turtleneck collar and long sleeves.

Style number WJ2RW497 is a woman’s sweater that is constructed from 99% wool, 1% metallic, knit fabric. The outer surface of the garment measures less than 9 stitches per 2 centimeters in the horizontal direction. The sweater features a crew neckline; short sleeves with ribbed cuffs; and a ribbed bottom. A metallic CK Jeans logo is on the front chest

The essential character of Style WD1TH5BD is imparted by the 100% lambswool fabric sections, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), rule 3(b), noted.

The applicable subheading for style WD1TH5BD, the pullover, will be 6110.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of wool or fine animal hair: other. The duty rate will be 16.5% ad valorem.

The applicable HTS subheading for style WJ2RW497 will be 6110.10.2030, which provides for women’s sweaters, knitted: of wool or fine animal hair: other. The duty rate will be 16.5% ad valorem.

Style WD1TH5BD, the pullover, falls within textile category designation 438. Style WJ2RW497 falls in category 446. 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.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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