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NY G82897




December 1, 2000

CLA-2-61:RR:NC:TA:359 G82897

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.8030; 6110.90.9078

Ms. Rebecca Cheung
Ann Taylor, Inc.
1372 Broadway, 6th Floor
New York, NY 10018

RE: The tariff classification of a woman’s tank top and cardigan from Hong Kong

Dear Ms. Cheung:

In your letter dated October 27, 2000, you requested a tariff classification ruling.

You submitted two samples of garments that are constructed from 85% acetate, 10% metallic, 5% nylon, knit fabric. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the horizontal direction. Style 22-53933 is a woman’s sleeveless tank top that features ¾ inch wide shoulder straps, a V-neck front and a square back, and a tubular hemmed bottom. Style 22-53934 is a woman’s cardigan that features a round neck, long tubular hemmed sleeves, a full front opening with 7 button closures and a tubular hemmed bottom.

You submitted a report from a laboratory testing center. The report states that the fabric of the garments is composed of a single 4-ply yarn which consists of two plies of 100% acetate twisted with a ply of 100% nylon and combined with 100% mylar-type metallic. The report also states that the overall fiber content is 84.9% acetate, 9.2% metallic, 5.9% nylon.

The applicable subheading for the tank top will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s tank-tops, knitted: of other textile materials: of manmade fibers. The duty rate will be 16.4% ad valorem. The subheading for the cardigan will be 6110.90.9078, which provides for women’s sweatersand similar articles, knitted: of other textile materials: other: subject to manmade fiber restraints. The duty rate will be 6% ad valorem.

Your samples are being returned as requested.

The tank top falls within textile category designation 838. The cardigan falls in category 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 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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