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NY K85803




September 1, 2004

CLA-2-61: RR:NC:TA: 359:K85803

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030

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

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

Dear Ms. Fox:

In your letter dated April 30, 2004, that you submitted on behalf of your client, Jones Apparel Group, you requested a classification ruling. Your sample is returned as requested.

Style 1FHH30408 is a woman’s knit sweater that is composed of a fabric that measures 9 or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content of the sweater is 82% wool, 16% polyester and 2% lurex. The garment features ¾ length sleeves and a funnel neck.

In order to classify your sweater we submitted it to the U.S. Customs Laboratory at New York for an analysis of its fiber content and yarn structure. The laboratory reported that the fabric is composed of a 10-ply yarn, and a 3 ply metallic yarn. The 10-ply yarn consists of an 8-ply wool staple and a 2-ply polyester filament yarn and has the following composition: 87.5% wool and 12.5% polyester. The 10-ply yarn comprises 92.2% of the overall weight of the garment. The 3-ply metallic yarn consists of a 2-ply polyester filament yarn and a single ply mylar type metallic yarn and has the following composition: 78.2% polyester and 21.8% mylar type filament. The 3-ply yarn comprises 7.8% of the overall weight of the garment.

The applicable subheading for the woman’s knitted sweater, Style 1FHH30408, will be 6110.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of wool or fine animal hair: Of wool: Sweaters: Women’s. The duty rate will be 16% 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 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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