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NY F87091




September 8, 2000

CLA-2-61:RR:NC:TA:359 G87091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9028

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s sleeveless pullover sweater from Hong Kong and Taiwan

Dear Mr. Kelly:

In your letter dated May 16, 2000, submitted on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

Your sample is returned as requested.

Style C21910988 is a woman’s knitted sleeveless pullover sweater with a crew neckline and a tubular bottom. It extends from the wearer’s neck and shoulders to below her waist. The fabric of the sweater 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 54% lambswool, 39% rayon, 5% polyester and 2% other fibers.

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 56.5% wool, 37.3% rayon, 6.2% metalized yarn. The laboratory has also stated that the sweater is composed of a single 3-ply yarn which consists of a 1-ply yarn twisted together with a 2-ply metalized yarn. The 1-ply is composed of 60.2% wool, 39.8% rayon, while the 2-ply metalized yarn is composed of 64.6% polyester, 35.4% mylar-type yarns.

The applicable subheading for Style C21910988, the pullover sweater will be 6110.90.9028, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: 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 Hong Kong and Taiwan 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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