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NY 811375

July 25, 1995

CLA-2-61:S:N:N5:359 811375


TARIFF NO.: 6110.20.2075

Mr. David Lombard
Davy Lu Co.
P.O. Box 720102
San Jose, CA 95172-0102

RE: The tariff classification of a woman's knit pullover from China.

Dear Mr. Lombard:

In your letter dated June 7, 1995 you requested a tariff classification ruling.

The sample which you submitted was destroyed during laboratory analysis.

Style DLU 001 is a woman's knit pullover with a round neck and short, hemmed sleeves. There are also inside shoulder pads and a tubular bottom. You state that the fiber content is "45% cotton, 35% polyester, and 20% metallic rayon". The fabric of the garment has more than nine stitches per two centimeters, measured in the horizontal direction. The pullover is made in China.

In order to classify your style we have submitted it to the U.S. Customs Laboratory at New York for an analysis of its fiber content and yarn structure. The laboratory has reported that the sample has an overall fiber composition of 51.8% cotton, 30.1% polyester and 18.1% metallic (mylar type). The fabric of the pullover is constructed from four 2-ply yarns, one of which is a cotton yarn, while the remaining three are a metallic and polyester blend. The fiber content of metallic/polyester yarns is 62.3% polyester, 37.7% metallic (mylar type).

The applicable subheading for style DLU 001 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted, of cotton, other, other, women's. The duty rate will be 20.3% ad valorem.

Style DLU 001 falls within textile category designation 339. Based upon international textile trade agreements products of China 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.


Jean F. Maguire
Area Director
New York Seaport

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