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NY I83472




October 9, 2002

CLA-2-61:RR:NC:TA: 359 I83472

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1520

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

RE: The tariff classification of a woman’s sweater from Hong Kong

Dear Mr. Kelly:

In your letter dated July 2, 2002, on behalf of Jones Apparel Group USA, you requested a tariff classification ruling. Your sample is being returned.

The submitted sample, style number P19F75298, is a woman’s sweater that is constructed from knit fabric. The outer surface of the sweater measures 9 or fewer stitches in the horizontal direction. The sweater features a ribbed turtleneck, long sleeves with ribbed cuffs, a centered cable knit pattern extending from the neck to the bottom on the front and back panels, and a ribbed bottom. You state that the fiber content is 61% acrylic, 25% wool, 9% polyester, 5% metallic.

In order to classify your garment we have submitted it to our U.S. Customs laboratory at New York for analysis of the fiber content and yarn structure. The laboratory has reported that the fabric is composed of a 2-ply brown yarn (acrylic/wool blend - 86.1%) and a 2-ply brown and gold yarn (1-ply metallized mylar type strip and 1-ply polyester - 13.9%). The overall fiber content is 62.1% acrylic, 24.0% wool, 9.0% polyester, 2.0% metalized mylar type strip which is less than 5 millimeters wide.

The applicable subheading for the sweater will be 6110.30.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of man made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: sweaters: women’s. The duty rate will be 17% ad valorem.

The sweater falls within textile category designation 446. Based upon international textile trade agreements products of 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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