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NY H81539




August 16, 2001

CLA-2-61:RR:NC:TA:359 H81539

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078

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

RE: The tariff classification of a woman’s pullover from Korea

Dear Mr. Kelly:

In your letter dated May 23, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted style number 321770138, a woman’s knitted, long sleeved pullover with a round neckline, hemmed sleeves and a hemmed bottom The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content of the pullover is 87% rayon, 13% polyester.

Your sample is being returned as requested.

In order to verify the fiber content of the pullover and to analyze the yarn structure of the fabric, we have submitted the pullover to the U.S. Customs Laboratory in New York. The laboratory has reported that the fabric of the pullover is composed of a 3-ply metallized yarn that consists of two single ply rayon yarns (85.3%) and a 1-ply mylar-type metallized yarn (14.7%). The overall fiber content of the pullover is 85.3% rayon, 14.7% metallic, (mylar-type).

The applicable subheading for the pullover will be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of other textile materials: otherother: subject to manmade fiber restraints: women’s. The duty rate will be 6% ad valorem.

The pullover falls within textile category designation 639. Based upon international textile trade agreements products of Korea are subject 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 effected 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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