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NY 801948




January 6, 1995

CLA-2-61:S:N:N5:359 801948

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042

Mr. William F. Sullivan
MSAS, Inc.
150-16 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of women's knit wearing apparel from Hong Kong or China.

Dear Mr. Sullivan:

In your letter dated August 16, 1994, on behalf of New Hampton, Inc., New York, NY, you requested a tariff classification ruling.

The submitted sample, Style 483-241, is a woman's knitted pullover sweater, called a "sailor sweater" by the importer. The fabric of the sweater has less than nine stitches per two centimeters, measured in the horizontal direction. In your request you state that the fiber content is 46% ramie, 37% cotton, 11% rayon and 6% polyester. You also include a statement from the exporter regarding the fiber content. They note that the sweater contains 45.71% ramie, 37.40% cotton and 16.89% lurex.

In order to classify the sample, we submitted it to the U.S. Customs Laboratory at New York Seaport for an analysis of its fiber content and yarn structure. They reported that the overall components by weight of the sweater were 50.8% ramie, 36.3% cotton and 12.9% metallized yarns. The fabric is composed of three yarns each of which has two plies. Two of the yarns are constructed with ramie and cotton fibers (58% ramie, 42% cotton). The third yarn is constructed from metallized yarn with a polyester core. Your sample was destroyed during the laboratory analysis.

The applicable subheading for Style 483-241, the sweater, will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted or crocheted, of other textile materials, other, sweaters, women's, other, other. The duty rate will be 6% ad valorem.

The sweater falls within textile category designation 845. Based upon international textile trade agreements products of China are subject to quota restraints and visa requirements. Products of Hong Kong are subject to visa requirements.

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. 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
New York Seaport

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