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NY H83239




August 29, 2001

CLA-2-61:RR:NC:TA:359 H83239

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

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

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

Dear Mr. Kelly:

In your letter dated July 3, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted two samples. Style number 21TH75617, is a woman’s sleeveless pullover with a partial manmade fiber lining that covers the breasts. The lining has an elastic bottom. Style number 21TH75627 is a woman’s long sleeved pullover with a mock neck collar. 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 91% nylon, 5% elastene, 4% metallic.

Your samples are being returned as requested.

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 5 single ply nylon yarns (87.6% by weight of the fabric), 5 single ply spandex yarns (5.6% by weight of the fabric) and 1 three ply metallized yarn (6.8% by weight of the fabric). The 3-ply metallic yarn is composed of 56.9% mylar type metallic and 43.1% polyester. The overall fiber content of the two pullovers is 87.6% nylon, 5.6% spandex, 3.9% metallic (mylar type), and 2.9% polyester.

The applicable subheading for the two pullovers will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of man-made fibers: other The duty rate will be 32.7% ad valorem.

The pullovers fall 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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