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NY K81664




June 28, 2004
CLA-2-61:RR:NC:TA:359 K81664

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078

Ms. Melissa Weiss-Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Weiss-Fox:

In your letter dated December 29, 2003, on behalf of Jones Apparel Group, you requested a tariff classification ruling.

The submitted sample, style H21J40568, is a woman’s sleeveless pullover constructed from 2x1 rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a square neckline, and a straight bottom. You state that the fiber content is 44% rayon, 36% nylon, 13% polyester, 7% metallic.

In order to classify your garment we have submitted it to the U.S. Customs laboratory at New Jersey for analysis of the fiber content and yarn structure. The laboratory has reported that the fabric is composed of one 4-ply yarn. The 4-ply yarn is composed of a 2-ply beige yarn (55% rayon and 45% nylon) twisted together to a 2-ply gold and white yarn (63.3% polyester and 36.7% metallized yarn). The overall fiber content is 44.1% rayon, 36.0% nylon, 12.6% polyester, and a 7.3% metallized mylar-type strip. Since the garment is composed of one yarn with multiple plies twisted together (including metallic) we would classify it as an “other textile material” garment (subject to man made fiber restraints).

The applicable subheading for the pullover will be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: otherother: subject to manmade fiber restraints: women’s. The rate of duty will be 6% ad valorem.

The 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.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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