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NY J84201




September 8, 2003

CLA-2-61:RR:NC:TA: 359 J84201

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9028

Mr. R. Trace Garrett
Associated Merchandising Corp.
500 Seventh Avenue
New York, NY 10018

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

Dear Mr. Garrett:

In your letter dated May 28, 2003, you requested a tariff classification ruling.

The submitted sample, style number 93349, is a woman’s sweater that is composed of two knitted fabrics. The outer surface of the front panel measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The outer surface of the back panel and the sleeves measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that this sweater is constructed from 50% viscose, 22% nylon, 20% wool, 8% angora hair, knit fabric. The sweater features a 3x3 ribbed turtleneck, long sleeves with 3x3 ribbed cuffs, and a 3x3 ribbed bottom.

The essential character is given by the front panel; Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

In order to classify your garment we have submitted it to the U.S. Customs laboratory at New York for analysis of the fiber content and the yarn structure. The laboratory has reported that the fabric of the sweater is composed of 2 yarns. The first yarn is a 3-ply yarn composed of 48.6% rayon, 26.7% wool/angora, 24.7% nylon that is twisted together with a 2-ply metalized mylar type strip and a polyester yarn. This yarn is 54.9% of the total weight of the fabric. The second yarn is a 1-ply yarn composed of 48.6% rayon, 26.7% wool/angora and 24.7% nylon. The overall fiber content is 44% rayon, 24.1% wool/angora, 22.4% nylon, 6.2% polyester, 3.3% metalized (mylar type) strip.

Your sample is being returned as requested.

The applicable subheading for the sweater will be 6110.90.9028, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women and girls: subject to wool restraints. The duty rate will be 6% 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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