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NY H81969




July 31, 2001

CLA-2-61:RR:NC:TA:359 H81969

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078

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

RE: The tariff classification of two women’s pullovers from China

Dear Mr. Kelly:

In your letter dated May 2, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted four samples. Styles 321610308 and 321600318 will be addressed in a separate ruling, NY H82971. Style number 31CR39068, is a woman’s 2x2 rib knit, long sleeved pullover with a turtleneck collar. Style number 31CR39058 is a woman’s 2x2 rib knit, long sleeved pullover with a round neckline. The outer surface of the two pullovers measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content of the two pullovers is 85% rayon, 9% nylon, 6% metallic.

Your samples were destroyed during laboratory analysis.

In order to verify the fiber content of the two pullovers and to analyze the yarn structure of their fabrics, we have submitted them to the U.S. Customs Laboratory in New York. The laboratory has reported that the fabric of the two pullovers is composed of a 5-ply metallic yarn. The yarn is composed of two 1-ply rayon yarns (85.2% of the weight of the fabric) and one 3-ply metallized yarn (14.8% by weight of the fabric). The metallized yarn consists of a 1-ply 42% mylar type metallic yarn and two 1-ply 58% nylon yarns. The overall fiber content of the two pullovers is 85.2% rayon, 8.6% nylon, 6.2% metallic (mylar type).

The applicable subheading for the two pullovers 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 or girls’. The duty rate will be 6% ad valorem.

The pullovers fall within textile category designation 639. Based upon international textile trade agreements products of China 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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