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NY 803787




January 18, 1995

CLA-2-61:S:N:N5:359 803787

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Amy Turkowsky
Cathy Daniels Ltd.
1411 Broadway
New York, NY 10018

RE: The tariff classification of a woman's knit pullover from the Dominican Republic.

Dear Ms. Turkowsky:

In your letter dated October 5, 1994, which you resubmitted on October 26, 1994, you requested a tariff classification ruling.

Style 1425 is a woman's knit "argyle" style pullover which has long sleeves with ribbed cuffs and a ribbed waistband. The pullover also has a crew neckline and inside shoulder pads. Its fabric has more than nine stitches per two centimeters, measured in the horizontal direction. In your request you stated that the fiber content is 77% acrylic, 9% acetate, 9% metallic and 5% polyester. We are returning your sample as requested. This merchandise is a product of the Dominican Republic.

In order to classify your sample we have submitted it to the U.S. Customs Laboratory at New York Seaport for an analysis of its fiber content and yarn structure. The laboratory has reported that there are five yarns in the fabric structure. Two of them consist of a single ply that is composed wholly of acrylic fibers. A third yarn also consists of a single ply but it is composed of acetate fibers. A fourth yarn consists of a single ply with wholly polyester fibers. The final yarn consists of three plies and it is composed of metallic (mylar type) with a two ply nylon core. The overall fiber content of the pullover is 77.1% acrylic, 10.2% polyester, 7.3% acetate and 5.4% metallic.

The applicable subheading for Style 1425, the pullover, will be 6110.30.3055, 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, other, other, women's. The duty rate will be 34%.

Style 1425 falls within textile category designation 639. Based upon international textile trade agreements products of the Dominican Republic are subject to quota restraints and the requirement of a visa.

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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