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NY B85246

August 8, 1997

CLA-2-61:RR:NC:TA:359 B85246


TARIFF NO.: 6110.30.3020; 6104.63.2011

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

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

Dear Mr. Ramia:

In your letter dated April 8, 1997, on behalf of Catherine's Inc., Memphis, Tennessee, you requested a tariff classification ruling.

You submitted three samples with your request. Our response for Style 0718 was issued separately in New York Ruling Letter B84416 dated May 9, 1997. This letter responds to your classification request on the remaining two samples, Styles 1165 and 0720, which are returned as you requested.

Style 1165 is a woman's knit pullover sweater that features a V-shaped neckline and long sleeves with cuffs. There are also two side slits at the ribbed bottom of the garment. The fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content of the sweater is 85% acrylic, 15% metallic.

Style 0720 is a woman's knit pair of pull-on pants with an elastic waistband. You state that its fiber content is 82% acrylic, 10% polyester, 8% metallic.

In order to verify the fiber content of the sweater and the pants, and to analyze their yarn structure, we have submitted them to the U.S. Customs Laboratory in New York. For Style 1165, the sweater, the laboratory has reported that the overall fiber content is 80.8% acrylic and 19.2% metallic. The laboratory has also stated that the sweater is composed of three 2-ply acrylic yarns and four 3-ply metallic yarns. The metallic yarn consists of a single ply of metallized yarn (65.9%) and two plies of nylon (34.1%).

For Style 0720, the pull-on pants, the laboratory has reported that the overall fiber content is 84% acrylic, 16% metallic. The laboratory has also reported that the pants are composed of one 2-ply acrylic yarn and one 2-ply metallic yarn. The metallic yarn consists of 64.2% polyester (one ply) and 35.8% metallized yarn (one ply).

The applicable subheading for Style 1165, the sweater, will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted or crocheted, of man-made fibers, other, women's. The duty rate will be 33.5% ad valorem.

The applicable HTS subheading for Style 0720, the pull-on pants, will be 6104.63.2011, which provides for women's trousers, knitted or crocheted, of synthetic fibers, other. The duty rate will be 29.5% ad valorem.

Style 1165 falls within textile category designation 646. Style 0720 falls in category 648. Based upon international textile trade agreements products of Hong Kong and 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 212-466-5852.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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