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NY G84216




December 6, 2000

CLA-2-61:RR:NC:TA:359 G84216

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

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

RE: The tariff classification of a woman’s knitted sweater from Hong Kong and China

Dear Ms. Cheung:

In your letter dated November 10, 2000, you requested a tariff classification ruling.

The sample which you submitted will be returned, as requested.

Style 22-49789 is a woman’s knitted cardigan sweater with a round neckline, long sleeves and a full-front opening with seven buttoned closures. The fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content of the sweater is 53% linen, 41% cotton, 6% other fibers.

Since the sweater contains metallic yarn, you have also submitted a report from a testing laboratory. Their analysis has produced the following fiber content: 52.8% linen, 40.8% cotton, 4.2% polyester and 2.2% metallic. The laboratory has also reported that the fabric of the sweater consists of two yarns. The first yarn consists of three 3-ply yarns composed of two 100% linen yarns plied with one 100% cotton yarn; while the second yarn is composed of two 2-ply yarns that are composed of a 100% polyester yarn plied with metallic yarn.

The applicable subheading for the Style 22-49789, the sweater, will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted or crocheted: of other textile materials: sweaters for women or girls: other: other: other: other. The duty rate will be 6% ad valorem for the year 2000 and the same for 2001.

The sweater falls within textile category designation 845. Based upon international textile trade agreements products of China and 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.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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