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NY I88854




February 6, 2003

CLA-2-61:RR:NC:TA: 359 I88854

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6110.90.9078

Ms. Fariba Jalili
C.F.L. Enterprise Ltd. C/O CFL NY Inc.
350 Fifth Avenue #4010
New York, NY 10118

RE: The tariff classification of three women’s knit garments from China

Dear Ms. Jalili:

In your letter dated November 27, 2002, you requested a tariff classification ruling.

You submitted three samples of women’s knit garments with fiber contents of 60% rayon, 40% metallic. The knitted fabric of all three of the samples has a stitch count of more than nine stitches per two centimeters in the horizontal direction. Style number 86E1706 is a sleeveless top that features one-half inch shoulder straps, a V-neckline, a straight back, and two horizontal elastic yarns in the chest area forming a high waist. The shoulder straps, armholes, neckline, and the bottom are finished with scalloped openwork knit fabric.

Style number 86E1707 is a wrap-type cardigan that features a deep V-neckline, long sleeves with flared cuffs, a full front opening with a tie closure that wraps around the waist and ties in the front, and front panels that crisscross when tied, and a flared bottom. The neckline, sleeve cuffs, chest area and the bottom are finished with decorative knit openwork fabric.

Style number 86E1708 is a pullover that features modified capped sleeves that gives a sleeveless appearance, a scoop neckline, and a straight bottom. Twelve vertical elastic yarns are sewn throughout the garment alternately spaced giving it a puckered effect.

In order to classify your samples we have submitted them to the 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 3 ply yarn which consists of a 1-ply metallic monofilament strip and a 2-ply rayon staple yarn. The overall fiber content is 60% rayon, 40% metallic.

Your samples are being returned as requested.

The applicable subheading for the top will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides other garments, knitted: of man made fibers: tops: women’s. The duty rate will be 28.4% ad valorem.

The subheading for the pullover and the cardigan will be 6110.90.9078, which provides for sweatersand similar articles, knitted: of other textile fibers: other: other: subject to mam-made fiber restraints: women’s. The duty rate will be 6% ad valorem.

Each garment falls within textile category designation 639. Based upon international textile trade agreements products of China 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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