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NY I83086




September 5, 2002

CLA-2-61:RR:NC:TA: 359 I83086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6110.30.3055

Ms. Gina Whitehead
Warnaco
90 Park Avenue
New York, NY 10016

RE: The tariff classification of two women’s knit garments from Macau

Dear Ms. Whitehead:

In your letter dated June 12, 2002, on behalf of Calvin Klein Jeans, you requested a tariff classification ruling.

You submitted two samples. Style ZJ2LD6593 is a woman’s pullover that is constructed from a multi-rib knit fabric. You state that the fiber content is 87% nylon, 13% metallic. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a square neckline, capped sleeves finished with ribbed fabric, and a straight bottom. The neckline is also finished with ribbed fabric, and it has a functional ribbon drawstring.

Style ZJ2LD6592 is a woman’s blouse that is constructed from multi-rib knit fabric. You state that the fiber content is 64% nylon, 23% polyester, 13% metallic. The outer surface of the blouse measures 10 or more stitches per linear centimeter in both the horizontal and vertical directions. The blouse features a V-neckline, long sleeves with ribbed cuffs, a front partial opening with 2 button closures and a straight bottom.

In order to classify the two garments we have submitted them to our Customs laboratory in New York for analysis of their fiber content and yarn structure. The laboratory has reported that style ZJ2LD6593, the pullover, is composed of a 1-ply nylon filament yarn (54.3% by weight) and a 2-ply metallized strip (45.7% by weight). The 2-ply metallized yarn is composed of a 62.7% 1-ply nylon filament yarn and a 37.3% 1-ply mylar type metallized strip. The overall fiber content is 82.9% nylon filament, 17.1% mylar type metallized strip which measures less than 5mm in width. Style ZJ2LD6592, the blouse, is composed of a 1-ply filament nylon yarn (54.2% by weight) and a 2-ply metallized yarn (45.8% by weight). The 2-ply metallized yarn is composed of a 66.2% 1-ply polyester filament yarn, and a 33.8% 1-ply mylar type metallized strip. The overall fiber content is 54.2% nylon filament, 30.3% polyester filament, 15.5% mylar type metallized strip.

Your sample, style ZJ2LD6593, is being returned as requested. Style ZJ2LD6592 is retained by this office for instructional purposes.

The applicable subheading for style ZJ2LD6593, the pullover, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32.4% ad valorem.

The subheading for style ZJ2LD6592, the blouse, will be 6106.20.2010, which provides for women’s blouses and shirts, knitted: of man made fibers: other: women’s. The duty rate will be 32.5% ad valorem.

Each style falls within textile category designation 639. Based upon international textile trade agreements products of Macau 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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