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NY L88262




December 7, 2005

CLA-2-61:RR:NC:TA:359 L88262

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

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

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

Dear Ms. Fox:

In your letter dated November 1, 2005, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your samples are being returned to you.

Your sample, style UDTK22548, is a woman’s sleeveless pullover constructed from 82.3% rayon, 11.7% polyester, 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 a round neckline and sleeveless armholes. The laboratory report you provided states that the fabric is constructed from two yarns. Yarn #1 is comprised of two 100% rayon plies. Yarn #2 is comprised of one 100% polyester ply and one metallized ply. The relative weight by percentage of Yarn #1 is 82.3% and Yarn #2 is 17.7%. The overall fiber content is 82.3% rayon, 11.7% polyester, 6% metallic.

Style UFHC23198 is a woman’s cardigan constructed from 53.8% rayon, 29% acrylic, 11.1% polyester, 6.1% 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 a V-shaped neckline, short sleeves with rib knit cuffs, a full front opening with five button closures, and a rib knit bottom. The garment extends from the shoulders to the waist. The laboratory report you provided states that the fabric is constructed from two yarns. Yarn #1 is comprised of one 100% rayon ply and one 61.8% acrylic, 38.2% rayon ply. Yarn #2 is comprised of one 100% polyester ply and one metallized ply. The relative weight by percentage of Yarn #1 is 82.8% and Yarn #2 is 17.2%. The overall fiber content is 53.8% rayon, 29% acrylic, 11.1% polyester, 6.1% metallic.

The applicable subheading for style UDTK22548 and UFHC23198 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style UDTK22548 and UFHC23198 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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