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NY G83711




January 30, 2001

CLA-2-61:RR:NC:N3:359 G83711

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

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

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

Dear Mr. Kelly:

In your letter dated October 23, 2000, you requested a ruling on behalf of Jones Apparel Group USA, Inc. on tariff classification .

The sample which you submitted is returned as requested.

Style G1B73148 is a woman’s knitted sleeveless pullover sweater with a turtleneck. 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 its fiber content is 58% rayon, 24% acrylic, 15% silk, 3% metallic.

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 37% rayon, 27% acrylic, 15.4% silk, 20.6% metalized yarns. The laboratory has also reported that the sweater is composed of four 2-ply yarns and four 3-ply gold metalized yarns. The 2-ply yarns consist of a single ply of a rayon, acrylic silk blend that is combined with another single ply of the same blend. The 3-ply yarns consist of a single rayon ply that is combined with another single rayon ply to make a 2-ply yarn which in turn is combined with a single ply of mylar-type metalized yarn. The fiber composition of the 2-ply yarns is 46.6% rayon, 34% acrylic, 19.4% silk. The fiber composition of the 3-ply yarns is 86.6% rayon, 13.4% mylar-type metallic.

The applicable subheading for Style G1B73148, the women’s knitted, sleeveless, pullover sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: sweaters: women’s. The general rate of duty will be 32.7 percent ad valorem.

This sweater falls within textile category designation 646 . Based upon international textile trade agreements products of China are currently 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 Michael Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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