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NY J85571




October 23, 2003

CLA-2-61:RR:NC:TA:359: J85571

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030
Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, Pennsylvania 19106

RE: The tariff classification of women’s sweaters from Jordan and Taiwan

Dear Ms. Weiss:

In your letter dated June 2, 2003, with an addendum dated August 28, 2003, submitted on behalf of your client, Jones Apparel Group, Bristol, Pennsylvania, you requested a classification ruling. The samples are returned as requested.

You submitted two samples. Style E3JHYM798 is a woman’s knit pullover sweater with a cowl neck and long sleeves. The 1X1 rib knit fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches are formed. You state that the fiber content is 83% acrylic, 14% wool, 2% polyester, 1% metallic. The country of origin is Jordan.

Style N25W2928A is a woman’s knit pullover sweater with a boat neck and long sleeves. The 5X3 rib knit fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches are formed. You state that the fiber content is 65% acrylic, 24% polyester, 11% metallic. The country of origin is Taiwan.

In order to classify your samples we have submitted them to our Customs and Border Protection Laboratory in New York for an analysis of their fiber content and yarn structure. The laboratory has reported that the fabric of Style E3JHYM798 consists of a metallic yarn with six 2-plies. Five of the 2-plies are staple acrylic and wool blends (96.9% by weight of the total), while the sixth consists of a polyester filament and a ply of mylar-type metallic strip (3.1% by weight of the total). The overall fiber composition of this sweater is 82.8% acrylic, 14.1% wool, 2.0% polyester and 1.1% metallic.

Style N25W2928A consists of a 3-ply metallic yarn that is composed of a single ply of acrylic (67% by weight of the total) and 2-plies of metallic (33% of the total). The metallic is composed of a ply of mylar-type metallic and a ply of filament polyester / nylon. The overall fiber composition of the sweater is 67.0% acrylic, 20.4% nylon / polyester and 12.6% mylar-type metallic.

The applicable subheading for the two sweaters will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters --- and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: subject to man-made fiber restraints. The duty rate will be 6% ad valorem.

The sweaters fall within textile category designation 646. Based upon international textile trade agreements this product from Jordan is neither subject to the restraints of quota nor the requirement of a visa. However, this product from Taiwan is subject to quota restraints 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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