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NY E87504




October 6, 1999

CLA-2-61:RR:NC:TA:359 E87504

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Ms. Stephanie Chinn
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman's knitted sweater from Hong Kong.

Dear Ms. Chinn:

This is a replacement letter for New York Ruling Letter (NYRL) NY E82440 that was issued to you on August 16, 1999. In your letter dated September 17, 1999 you state that the stitch count specifications for style 1376 (more than 9 stitches per 2 centimeters) have been changed and that all other features for the garment remain the same. Upon examination of the submitted garment accompanying your letter, we find the stitch count to be 9 stitches per 2 centimeters. Please see corrected letter below.

In your letter dated May 20, 1999, on behalf of Dress Barn, Inc. you requested a tariff classification ruling.

The submitted sample, style number 1376, is a woman's sweater that features a mock turtleneck collar and long sleeves. The collar, sleeves, and the bottom of the garment are finished with 1x1 ribbed fabric. The fabric of the garment has 9 stitches per 2 centimeters measured in the horizontal direction. You state that the fiber content is 100% acrylic.

In order to verify the fiber content of the sweater and to analyze the yarn structure of the fabric, we have submitted the garment to our U.S. Customs Laboratory in New York. The laboratory has reported that the fiber content of the sweater is 77.1% acrylic and 22.9% metallic (mylar type). The laboratory also stated that the garment is composed of three yarns; a 2-ply acrylic yarn; and two 2-ply metallic yarns composed of a polyester and metallic blend.

Your sample is being returned as requested.

The applicable subheading for style 1376 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of man-made fibers: other. The duty rate will be 33.1% ad valorem.

The garment falls within textile category designation 646. Based upon international textile trade agreements products of Hong Kong and China are subject to quota restraints and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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