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NY B88479




December 9, 1997

CLA-2-61:RR:NC:TA:359 B88479

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2080

Ms. Laura Boyce
Classification Analyst
Donna Karan Co.
600 Gotham Parkway
Carlstadt, New Jersey 07072

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

Dear Ms. Boyce:

In your letter dated August 5, 1997 you requested a tariff classification ruling.

The sample which you submitted was destroyed during our laboratory analysis.

Style FX470041 WA is a woman's knitted long sleeved, turtleneck pullover with rib knit sleeve cuffs and a rib knit bottom. The fabric of the garment has more than nine stitches per two centimeters measured in the direction in which the stitches were formed. The pullover is worn on the upper torso over other wearing apparel. You state that the fiber content is 84% wool, 11% rayon, 5% metallic. The garment is a product of Hong Kong.

In order to verify the fiber content of the pullover and to analyze the yarn structure of the fabric, we have submitted it to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber content by weight is 85% wool, and 15% metallic. The laboratory has also reported that the pullover is composed of one 2-ply yarn that consists wholly of wool and one 2-ply yarn that is metallic. The metallic yarn consists of "a continuous multifilament rayon yarn (10.2%) and a mylar type metallic strip(4.8%)."

The applicable subheading for Style FX470041 WA, the pullover, will be 6110.10.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted, of wool, other, other, women's. The duty rate will be 16.7% ad valorem.

The pullover falls within textile category designation 438. Based upon international textile trade agreements products of Hong Kong 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 Part 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.

Sincerely,

Robert B. Swierupski
Director,

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