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NY J81486





June 6, 2003

CLA-2-61:RR:NC:TA: 359 J81486

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Weiss:

In your letter dated February 24, 2003, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

You submitted two samples of women’s pullovers. The outer surface of each pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that style C21I60948 is constructed from 51% rayon, 36% nylon, 8% polyester, 5% metallic, knit fabric. The garment is made from a novelty knit fabric and features a crew neckline and long sleeves.

Style C21H10798 is sleeveless and features a ribbed mock collar. The armholes and the bottom are finished with ribbed edging. You state that this garment is constructed from 71% rayon, 27% acrylic, 2% polyester, knit fabric.

In order to classify your garments 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 of style C21I60948 is composed of one 4-ply yarn (85.8% by weight of total) and one 2-ply yarn (14.2% by weight of total). The 4-ply yarn consists of two 1-ply yarns (56.3% rayon) and two 1-ply yarns (43.7% nylon). The 2-ply yarn consists of a 1-ply yarn (65.7% polyester) and a 1-ply yarn (34.3% synthetic strip). The overall fiber composition is 48.3% rayon, 37.5% nylon, 9.3% polyester, 4.9% synthetic strip. Style C21H10798 is composed of one 3-ply yarn (76.8% by weight of total) and one 4-ply metalized yarn (23.2% by weight of total). The 3-ply yarn consists of two 1-ply yarns (66.4% rayon) and one 1-ply yarn (33.6% acrylic). The 4-ply yarn consists of three 1-ply yarns (90.6% rayon) and one 1-ply yarn (9.4% mylar-type metallic). The overall composition is 72.0 % rayon, 25.8% acrylic, 2.2% mylar-type metallic.

Your samples are being returned as requested.

The applicable subheading for each 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 32.2% ad valorem.

Each pullover falls within textile category designation 639. 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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