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NY G89039




May 31, 2001

CLA-2-61:RR:NC:TA:359 G89039

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078

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

RE: The tariff classification of a woman’s knitted pullover from Hong Kong.

Dear Mr. Kelly:

In your letter dated March 21, 2001, submitted on behalf of Jones Apparel Group, USA, Inc., Bristol, Pennsylvania, you requested a tariff classification ruling. The sample which you submitted was destroyed during our laboratory analysis.

Style 121770868 is a woman’s knitted pullover with a round, capped neckline and long sleeves. It extends from the wearer’s neck and shoulders to below her waist. The bottom of the pullover, as well as its sleeve ends, are tubular. The jersey knit fabric of the garment has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content of the pullover is 69% rayon, 20% polyester and 11% metallic.

In order to verify the fiber content of the pullover and to analyze the yarn structure of its 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 69.3% rayon, 20.4% polyester and 10.3% metallic (mylar type). The laboratory has also reported that the fabric is composed of a single 4-ply yarn which consists of a 2-ply rayon yarn twisted with a 2-ply metallized yarn.

The applicable subheading for the style 121770868, the pullover, be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pullovers, sweatshirts, waistcoats and similar articles, knitted or crocheted: of other textile materials: other: other: subject to man-made restraints: other: women’s or girls’. The duty rate will be 6 percent ad valorem.

The pullover falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints 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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