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NY C85216

April 9, 1998

CLA-2-61:RR:NC:TA:359 C85216


TARIFF NO.: 6104.31.0000; 6110.10.2030

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated March 6, 1998, on behalf of Jones Apparel Group, Bristol, Pennsylvania, you requested a tariff classification ruling. Your samples are returned as requested.

You submitted three samples of women's knitwear which will be produced in Hong Kong. Style 11C222478 is a woman's suit-type jacket that is composed of 100% wool double knit fabric. This fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The jacket has a notched-lapel collar, a full-front opening with five button closures, long sleeves which are hemmed at the cuffs, and two front pockets at the waist, as well as one at the chest. There are also two six-inch long darts sewn vertically in the rear of the jacket near the waist to provide a closer fit for the wearer. The jacket consists of three panels sewn together lengthwise, two of which are in the front. On the inside it has two three inch wide facings that extend out from and are sewn to each panel at the placket opening, as well as one large semi-circular shaped facing that extends down from the inside of the rear neckline.

Style 121700508 is a woman's knitted pullover-style sweater that consists of 67% mohair, 30% nylon and 3% wool fibers. The fabric has nine are fewer stitches per two centimeters measures in the direction in which the stitches were formed. The sweater features a zippered front opening that extends five inches below the neckline, a shirt-type collar, long sleeves with rib knit cuffs and a rib knit waist.

Style 121850008 is a woman's knitted cardigan sweater that consists of 70% wool and 30% nylon fibers. The fabric has nine or fewer stitches per two centimeters measured in the direction in which the stitches were formed. The sweater features a shawl collar which leads into a V-shaped neckline and a full-front opening with six button closures. The sweater also has long, hemmed sleeves, a hemmed bottom, two front pockets below the waist and a self-fabric tie belt at the waist.

The applicable subheading for Style 11C222478, the suit-type jacket, will be 6104.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's suit-type jackets, knitted, of wool or fine animal hair. The duty rate will be 62.9 cents/kg + 18.4% ad valorem.

The applicable HTS subheading for Styles 121700508 and 121850008, the sweaters, will be 6110.10.2030, which provides for sweaters, knitted or crocheted, of wool or fine animal hair, other, sweaters, women's. The duty rate will be 16.6% ad valorem.

The suit-type jacket falls within textile category designation 435. The sweaters fall in category 446. 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.


Robert B. Swierupski

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