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NY 810438





July 31, 1995

CLA-2-61:S:N:N5:359 810438

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6110.30.3055

Mr. Bill Ramia, Jr.
Alexander International
Memphis International Airport
P.O. Box 30209
Memphis, Tennessee 38130

RE: The tariff classification of women's knitwear from Korea.

Dear Mr. Ramia:

In your letter dated May 11, 1995, on behalf of Catherine's Inc., Memphis, Tennessee, you requested a tariff classification ruling.

You submitted five samples which we are returning as requested. All of the styles are produced in Korea.

Style 0410 is a woman's knit, pullover sweater with long dolman sleeves and a cowl neck. The fabric of the sweater has less than nine stitches per two centimeters, measured in the horizontal direction. The fabric is constructed with alternating stripes, some of which contain metallic yarn while the remainder have none. The overall fiber content of the sweater is 87% acrylic, 8% metallic and 5% polyester.

Style 0204 is a woman's knit, long sleeved pullover sweater with a V-neckline and side slits at the bottom. The fabric of the sweater has less than nine stitches per two centimeters, measured in the horizontal direction. The fiber content is 52% acrylic, 29% metallic and 19% polyester.

Style 0678 is a woman's knit, sleeveless pullover with a turtle neck. The fabric of the pullover has more than nine stitches per two centimeters, measured in the horizontal direction. The fiber content is 82% acrylic, 10% polyester and 8% metallic.

Style 0899 is a woman's knit, cardigan sweater with long sleeves, a deep V-neck and a full-front, five button opening. There are also extensive seam slits at each side of the garment. The fabric of the sweater has nine or fewer stitches per two centimeters, measured in the horizontal direction. The fiber content is 75% acrylic, 15% metallic and 10% polyester.

Style 1053 is a woman's knitted, pullover sweater with a crew neck and short sleeves. The fabric of the sweater has nine or fewer stitches per two centimeters, measured in the horizontal direction. The fiber content is 75% acrylic, 15% polyester and 10% metallic.

In order to order to classify your garments we have submitted four of them to the U.S. Customs Laboratory at New York for an analysis of their fiber content and yarn structure. The laboratory has reported the following information. Style 0204 consists of one 2-ply acrylic yarn and four 2-ply metallic yarns. The fiber content for Style 0204 is 54.4% acrylic, 45.6% metallic. The acrylic yarn is not twisted with the metallic yarn.

Style 0678 consists of one 2-ply acrylic yarn and one 2-ply metallic yarn. Its fiber content is 82% acrylic, 18% metallic. The acrylic yarns are not twisted with the metallic yarn.

Style 0899 and Style 1053 are each composed of one 2-ply acrylic yarn and two 2-ply metallic yarns. The fiber content for style 0899 is 74.7% acrylic, 25.3% metallic. The fiber content for style 1053 is 75.4% acrylic, 24.6% metallic. For each style, the acrylic yarns are not twisted with metallic yarns.

The applicable subheading for Styles 0410, 0204, 0899 and 1053 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted, of man-made fibers, other, women's. The duty rate will be 34% ad valorem. The applicable HTS subheading for Style 0678 will be 6110.30.3055 which provides for sweaters, pullovers and similar articles, knitted, of man-made fibers, other, women's. The rate of duty will be 34% ad valorem.

Styles 0410, 0204, 0899 and 1053 fall within textile category designation 646. Style 0678 falls in category 639. Based upon international textile trade agreements products of Korea 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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