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NY D86209




October 27, 1999

CLA-2-61:EPI25 D86209

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1560; 6110.30.3055

James J. Kelley
Attorney in Fact
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s cardigan and women’s pullovers from Hong Kong.

Dear Mr. Kelley:

This ruling replaces our previous ruling letter dated January 20, 1999. We are sending this replacement letter because this office was notified by Jones Apparel Group USA, Inc. that the fiber content for Style Number M5398248 and Style Number M5307108 has been changed. In your letter dated December 29, 1998, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

The garments submitted are a woman’s cardigan and three women’s pullovers. Style M5356218 and Style M5399338 are constructed of 38% cotton, 29% rayon, 20% nylon and 13% angora knit fabric. Style M5398248 is constructed of 49% rayon, 22% nylon, 20% angora rabbit hair and 9% wool knit fabric. Style M5307108 is constructed of 55% rayon, 22% nylon, 17% angora rabbit hair and 10% wool knit fabric. The fabric for all four garments is constructed with more than nine stitches per two centimeters measured in the horizontal direction.

Style M5307108 is a woman’s cardigan and features a full front opening secured by nine button closures, a rib knit neckband, long sleeves and a straight bottom, both with a rib knit finish.

Style M5356218 is a woman’s pullover and features a crewneck, short cap sleeves and a straight bottom. Style M5398248 is a woman’s pullover and features a turtleneck, long hemmed sleeves and a straight bottom. Style M5399338 is a woman’s pullover and features a crewneck, short hemmed sleeves and a straight hemmed bottom. The samples submitted for Customs examination will be returned to you under separate cover.

With regards to Style M5307238, a ruling cannot be issued by this office unless a sample is submitted.

The applicable subheading for Style numbers M5398248 and M5307108 will be 6110.30.1560, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, pullovers, and similar articles, knitted or crocheted: of manmade fibers: other: containing 23 percent or more by weight of wool or fine animal hair, other: women’s or girls’. The rate of duty will be 17 percent ad valorem.

The applicable subheading for Style numbers M5356218 and M5399338 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, pullovers, and similar articles, knitted or crocheted: of manmade fibers: other: other: other, other: women’s or girls’. The rate of duty will be 33.3 percent ad valorem.

Style number M5398248 and M5307108 fall within textile category designation 438. Style numbers 5356218 and M5399338 fall within textile category designation 639. 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 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.

Sincerely,

Eugene P. Kerven
Service Port Director

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