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NY L87795




October 13, 2005

CLA-2-61:RR:NC:TA:359 L87795

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

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

Dear Ms. Fox:

In your letter dated September 23, 2005, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your samples are being returned to you.

Style U21D70338 is a woman’s sleeveless pullover constructed from 56.8% rayon, 28.6% polyester, 14.6% metallic knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features sleeveless armholes and round neckline.

Style U21D70348 is a woman’s cardigan constructed from 56.8% rayon, 28.6% polyester, 14.6% metallic knit fabric. The outer surface of the garment measure more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a full front opening with no means of closure and long sleeves. It extends from the shoulder to the hip area.

You state in your letter that the fabric of both styles is the same. The laboratory report you provided states that the fabric is constructed from two yarns. Yarn #1 is comprised of one 100% rayon ply. Yarn #2 is comprised of one 100% polyester ply and one metallized ply. The relative weight by percentage of Yarn #1 is 56.8% and Yarn #2 is 43.2%. The overall fiber content is 56.8% rayon, 28.6% polyester, 14.5% metallic.

The applicable subheading for styles U21D70338 and U21D70348 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

Style U21D70338 and U21D70348 falls within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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