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NY H82727




July 19, 2001

CLA-2-61:RR:NC:TA:359 H82727

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030

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

RE: The tariff classification of three women’s sweaters from Taiwan

Dear Mr. Kelly:

In your letter dated June 15, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted three samples of women’s knit pullover sweaters. You also submitted fabric construction reports from a testing service. The outer surface of the three sweaters measures 9 or fewer stitches per 2 centimeters in the horizontal direction.

You state that style 31TC24388 is constructed from 51% mohair, 41% acrylic, 5% polyester, 3% metallic, 1x1 rib knit fabric.. The sweater features a cowl neck collar and long sleeves. The testing service reports that two yarns are used in knitting the fabric of the sweater. The first yarn is composed of 55.6% mohair and 44.4% acrylic and the second yarn is composed of 65.4% polyester, 34.6% metallic. The report also states that the overall fiber content is 51.3% mohair, 40.9% acrylic, 5.0% polyester, 2.7% metallic.

You state that style 321940968, is constructed from 55% polyester, 45% wool, rib knit fabric. The sweater features a ribbed turtleneck and short sleeves. The testing service reports that two yarns are used in knitting the fabric of the sweater. The first yarn is composed of 54.6% wool and 45.4% polyester. The second yarn is composed of 60.6% nylon and 39.4% metallic. The overall fiber content is 52.8% wool, 43.9% polyester, 2.0% nylon, 1.3% metallic.

You state that style 321950958 is constructed from 55% wool and 45% polyester, knit fabric. The sweater is sleeveless and features a rib knit cowl neck collar and a ribbed bottom. The testing service reports that two yarns are used in knitting the fabric of the sweater. The first yarn is composed of 54.6% wool, 45.4% polyester. The second is composed of 60.6% nylon, 39.4% metallic. The overall fiber content is 52.8% wool, 43.9% polyester, 2.0% nylon, 1.3% metallic.

The applicable subheading for the three sweaters will be 6110.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted: of wool or fine animal hair: other. The duty rate will be 16.3% ad valorem.

The three sweaters fall within textile category designation 446. Based upon international textile trade agreements products of Taiwan 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.USTREAS.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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