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NY D80273





August 28, 1998

CLA-2-61:RR:NC:TA:359 D80273

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

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

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

Dear Mr. Kelly:

In your letter dated July 14, 1998, submitted on behalf of your client, Jones Apparel Group, Bristol, Pennsylvania, you requested a tariff classification ruling.

Your samples are returned as requested.

Style 3264H468 is a woman's knitted pullover with a round, capped neckline and long sleeves. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. Your laboratory testing service reports that the fiber content for this style is 38% rayon, 31% acetate, 27% nylon, 4% metallic.

Style 3262F268 is a woman's knitted pullover with a round, capped neckline and short sleeves. The rib knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. Your laboratory reports that the fiber content is 39 acetate, 31% rayon, 19% cotton, 6% metallic.

Style 3262F278 is a woman's knitted cardigan, similar to a sweater that has a seven button, full-front opening that extends down from a V-shaped neckline. The neckline and front placket are capped. There are also long sleeves on this style. Your laboratory reports the fiber content as 31% acetate, 31% rayon, 19% cotton, 6% metallic. The rib knit fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Your laboratory also reports this information:

1) Style 3264H468 has three yarns: Yarn A is a single ply yarn of 100% acetate; Yarn B is 2-plied and consists of 54% polyester, 46% nylon; Yarn C is 2- plied and consists of 61% rayon, 39% nylon; Yarn B is metallized with aluminum under a vacuum process; Yarn A is wrapped with Yarn B; Yarn A & B are plaited with Yarn C.

2) Style 3262F268 has three yarns: Yarn A is a single ply of 100% acetate; Yarn B is 2-plied, consisting of 54% polyester, 46% nylon; Yarn C is 2-plied and con- sists of 55% rayon, 45% cotton; Yarn B is metallized under the vacuum process; Yarn A is wrapped with Yarn B; Yarns A and B are plaited with Yarn C.

3) Style 3262F278 is the same as the second style.

The applicable subheading for Style 3264H468, Style 3262F268 and Style 3262F278 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, other, women's. The duty rate will be 33.3% ad valorem.

All three styles fall within textile category designation 639. 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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