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NY E87246




January 5, 2000

CLA-2-61:RR:NC:TA:359 E87246

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9028

Mr. Murray Holmes

Asst. Import Manager
Speed Sourcing, Inc.
2140 City Gate Drive

Columbus, Ohio 43219

RE: The tariff classification of a woman’s knitted sleeveless pullover from China

Dear Mr. Holmes:

In your letter dated September 17, 1999 you requested a tariff classification ruling.

Your submitted sample, Style WR05, is a woman’s knitted sleeveless, tank-style, pullover sweater which features shoulder straps made of metal beads and plastic jewelry and a scoop neck in front. The sweater covers the wearer’s upper body from her neck and armholes to below her waist. The 3x3 rib knitted fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content of the sweater is 45% silk, 37% cashmere, 12% rayon and 6% metallic.

The submitted sample was destroyed during our laboratory analysis. In order to verify the fiber content of the sweater and to analyze the yarn structure of the fabric, we have submitted the sample to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber content is 48.4% silk, 34.3% cashmere, 11.5% rayon and 5.8% metallic. The laboratory has also stated that the sweater is composed of one 2-ply spun yarn and one 2-ply metallic filament yarn. The spun yarn consists of 58.5% silk and 41.5% cashmere, while the filament yarn consists of 66.4% rayon and 33.6% metallic (mylar type).

The applicable subheading for the sweater, Style WR05, will be 6110.90.9028, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweatersand similar articles, knitted or crocheted, of other textile materials: other, sweaters for women: subject to wool restraints. The duty rate will be 6% ad valorem.

The sweater falls within textile category designation 446. 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.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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