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NY K86619




September 3, 2004
CLA-2-61: RR:NC:TA: 359:K86619

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

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

RE: The tariff classification of woman’s knitwear from China

Dear Ms. Fox:

In your letter dated June 4, 2004, that you submitted on behalf of your client, Jones Apparel Group, you requested a classification ruling. Your sample is returned as requested.

Style 32EA147098 is a woman’s knitted long sleeve boat necked 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 40% polyester, 30% nylon, 16% acrylic, 13% cotton and 1% metallic. You submitted a laboratory report and supplied further information.

Based upon your lab report and further information supplied September 1, 2004, the fabric of the garment is claimed to be knit of five yarns: a yarn made of 60% cotton and 40% acrylic fiber; a yarn made of 100% nylon; a yarn made of 65% acrylic and 35% nylon; a yarn made of 85% polyester and 15% lurex; and a yarn made of 100% lurex. The yarn mad of 85% polyester and 15% lurex is being treated, for purposes of classification, as a yarn made wholly of lurex. Based upon this analysis and the overall fiber content, the garment is in chief weight of man-made fibers.

The applicable subheading for the woman’s knitted sweater, Style 32EA147098, will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of man-made fibers: other: other: other: sweaters: women or girls. The duty rate will be 32% ad valorem.

The sweater falls within textile category designation 646. Based upon international textile trade agreements products of China 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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