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NY K85845




August 11, 2004
CLA-2-61:RR:NC:TA:359 K85845

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2020

Ms. Marnita Harrison
C.F.L. Enterprise Ltd. c/o CFLNY Inc.
149 Fifth Avenue, 5th Floor
New York, NY 10010

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

Dear Ms. Harrison:

In your letter dated May 3, 2004, you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style 1025L, is a woman’s sweater. You state in your letter that the fiber content is 68% lambs wool, 20% angora, 10% nylon, 2% metallic. The outer surface of the garment measures nine or fewer stitches per two centimeters in the horizontal direction. The garment features a 2x2 rib knit shawl-style collar, long sleeves with 2x2 rib knit cuffs, a full front opening with two button closures. The placket is finished with 2x2 rib knit fabric. The garment extends from shoulder to the knee area.

Laboratory analysis by the U.S. Customs and Border Protection (CBP) laboratory determined fiber contents vastly different than those you stated. The CBP laboratory has reported that the fabric of the sweater is composed of three 2-ply white yarns (96.9% by weight) and one 2-ply silver and white yarn (3.1% by weight). The 2-ply white yarn is composed of a 1-ply cotton yarn (56.5% by weight) and 1-ply blended yarn of nylon (27.3% by weight) and animal hair fibers (16.1% by weight). The 2-ply silver and white yarn is composed of 1-ply metalized mylar type strip (35.3% by weight) and a 1-ply polyester yarn (64.7% by weight). The metalized mylar type strip has an apparent width of less than 5mm. The overall fiber content of the sweater is 54.8% cotton, 26.5% nylon, 15.6% animal hair fibers (wool and angora), 2% polyester, 1.1% metalized mylar type strip.

The applicable subheading for the sweater, style 1052L, will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: sweaters: women’s. The duty rate will be 16.5% ad valorem.

The sweater falls within textile category designation 345. Based upon international textile trade agreements this product from Hong Kong is subject to quota and requires 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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