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NY I81604




September 3, 2002

CLA-2-61:RR:NC:TA-359: I81604

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.44.2010, 6110.30.3055, 6114.90.9010

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

RE: The tariff classification of five styles of women’s knitwear from China and Hong Kong

Dear Mr. Kelly:

In your letter dated May 13, 2002, submitted on behalf of Jones Apparel Group USA, Inc., 250 Rittenhouse Circle, Bristol, Pennsylvania, 19007, you requested a classification ruling on five styles of women’s knitwear. You stated that the fiber content for all five styles is 65% rayon, 20% metallic, 12% nylon and 3% spandex. We are returning the samples that you submitted.

Style P1TA25358 is a woman’s knitted tank-style dress that has spaghetti straps at the shoulder. The dress is made in China.

Style P1TC25348 is a woman’s knitted, sleeveless top that reaches from the wearer’s shoulders to her waist in the front, while in the back it extends from below the shoulders to the waist. The top has two spaghetti straps over each shoulder and a v-shaped front neckline. At the back the top extends straight across in a straight line, starting under the wearer’s armholes. The knitted fabric of the top is made from a 2X2 rib and it has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The top is made in China.

Style P1TD25308 is a woman’s knitted, long sleeve pullover with a round neckline. The jersey fabric of this pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. This pullover is made in China.

Style P1TE25328 is a woman’s knitted pullover with a v-shaped neckline at both the front and the back. It has long sleeves and extends from the wearer’s neck and shoulders to below her waist. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. This pullover is made in Hong Kong.

Style P1TF25318 is a woman’s knitted, long sleeve pullover that has a partial front opening and a three-button closure that starts at the neckline. The pullover also has a johnny collar, as well as a rib waistband and rib cuffs at the sleeves. Its jersey fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. This pullover is made in China.

In order to classify your styles we have forwarded swatches from them to the Customs Laboratory at New York for verification of their fiber content and for an analysis of the yarn structure of each style. The laboratory has concluded its analysis and has reported the following:

Styles P1TA25358 and P1TD25308 – one 2-ply elastic yarn (polyester filament and spandex monofilament) 15% by weight, and one 4-ply yarn (staple rayon, polyester filament, mylar-type synthetic strip) 85% by weight;
overall fiber composition – 65.1 % rayon, 26.1% polyester, 7.0% mylar-type synthetic strip, 1.8% spandex

Style P1TC25348 one 4-ply yarn and one 2-ply yarn –
4-ply yarn (85.4% by weight) – one 2-ply yarn, 100% rayon, twisted with one 2-ply metallic yarn (63.8% nylon, 36.2% metallized mylar-type) 2-ply yarn (14.6% by weight) –
1-ply nylon 85.8%, 1-ply spandex 14.2%
overall fiber composition – 65.1% rayon, 25.5% nylon, 7.3%metallic mylar-type 2.1% spandex

Style P1TE25328 eight 1-ply nylon (84.7%), spandex (15.3%) yarns (7% by weight) eight 4-ply metallic yarns (41% by weight) 2-ply metallic mylar-type (37.9%) and nylon (62.1%) yarns 2-ply rayon (76.9%), metallic (23.1%) eight 1-ply nylon (86.4%), spandex (13.6%) yarns (7.9% by weight) eight 4-ply yarns (44.1% by weight)
2-ply rayon (77%), 2-ply polyester with a synthetic strip (23%) 1-ply polyester yarn (65.8%), synthetic strip (34.2%)
overall fiber composition –
65.5% rayon, 18.6% nylon, 6.6% polyester, 3.6% metallic mylar-type, 3.5% synthetic strip, 2.2% spandex

Style P1TF25318
Seventy two 2-ply nylon, spandex yarns (7.1% by weight) 2-ply nylon (85.6%), spandex (14.4%) seventy two 4-ply metallic yarns (42.5% by weight) two 2-ply yarns - rayon (76.5%) and metallic (23.5%) one 2-ply yarn: metallic mylar-type (36.2%), 1-ply nylon (63.8%) sixty eight 2-ply nylon (86.4%), spandex (13.6%) yarns (7.4% by weight) sixty eight 4-ply rayon (75.9%), polyester, synthetic strip (24.1%) (43% by weight) two 2-ply yarns – one 2-ply rayon(75.9%), one 2-ply polyester/synthetic strip (24.1%) 1-ply polyester (63.9%), synthetic strip (36.1%)
overall fiber composition –
65.1% rayon, 18.9% nylon, 6.6% polyester, 3.8% synthetic strip, 3.6% mylar-type metallic, 2.0% spandex

The applicable subheading for the dress, Style P1TA25358, will be 6104.44.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s ---dresses, knitted or crocheted: of artificial fibers: other. The duty rate will be 15.3% ad valorem.

The applicable subheading for the top, Style P1TC25348, will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of other textile materials: other: other, tops. The duty rate will be 5.7% ad valorem.

The applicable subheading for the pullovers, Styles P1TD25308, P1TE25328 and P1TF25318, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for ---pullovers --- and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.4% ad valorem.

The dress falls within textile category designation 636. The top falls within textile category designation 838. The three pullovers fall within textile category designation 639. Based upon international textile trade agreements products of China and Hong Kong 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.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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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