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NY 850433

April 9, 1990

CLA-2-61:S:N:N3:I 359 850433

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Kathleen Young
Marc D'alcy
530 Seventh Aveue
New York, NY 10018

RE: The tariff classification of three women's garments from Hong Kong.

Dear Ms. Young:

In your letter dated March 13, 1990, you requested a tariff classification ruling.

The submitted samples, styles 9591, 9618 and 9643, are all women's garments constructed from knit and woven fabric. Style 9591 is a garment that is similar to a sweater and constructed from a 60% rayon, 21% cotton, 19% polyester knit and woven fabric. The knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features long dolmen sleeves with rib knit cuffs; shoulder pads; a deep V- neckline; a full front opening with a four button placket; and a partial rib knit waistband. Ornamental embroidery and appliques are sewn on the shoulders and on the front of the garment. The knit portion of the garment consists of part of the dolmen sleeves; a large part of the back; and the rib knit waistband, except the placket area. The woven portion consists of part of the dolmen sleeves; part of the front panels (includes the V- neckline and placket area); and part of the back panel.

Style 9618 is a garment that is similar to a sweater and constructed from a 77% rayon, 23% cotton knit and woven fabric. The knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features shoulder pads; long sleeves with rib knit cuffs; a turn down collar that extends to lapels forming a deep V-neckline; a full front opening with a four button placket; and a rib knit waistband. Ornamental embroidery, bead work, snaps, etc. are sewn on the shoulder, collar and front areas of the garment. The knit portion of the garment consists of the sleeves; a large part of the back panel; a large part of the front panels; and the waistband. The woven portion consists of small sections of the back panel, shoulder area, collar, lapels and the area surrounding the lapels.

Style 9643 is a pullover constructed from a 70% rayon, 30% cotton knit and woven fabric. The knit fabric measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features shoulder pads; long sleeves with rib knit cuffs; a V-shaped neckline; and a rib knit waistband. Ornamental embroidery, bead work and appliques are sewn on the shoulder and chest areas. The knit portion of the garment consists of the long sleeves; the back panel; and the waistband. The woven portion consists of the front shoulder and chest areas. Your samples are being returned.

Documents submitted with your correspondence indicate the following:

Surface Area Weight Relative
Value
STYLES knit/woven knit/woven knit/woven
9591 70 30 70 30 54 46
9618 79 21 78 22 63 37
9643 88 12 83 17 75 25

The essential character of each garment is imparted by the knit portions. Consequently, the applicable subheading for the three styles will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers...and similar articles, knitted: of man-made fibers: other. The rate of duty will be 34.2% ad valorem.

At the time of entry, Customs may verify the actual fiber content of these garments and the percentage breakdowns that you submitted. If the verified information differs from that which is currently before this office, the HTS classification and the textile category may differ from the information indicated.

The garments fall within textile category designation 639. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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