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NY D81579

September 1, 1998

CLA-2-61:RR:NC:TA: 359 D81579


TARIFF NO.: 6110.20.2075

Ms. Elizabeth Hodur
Warnaco, Inc.
Customs Compliance Dept.
90 Park Ave., 12th Floor
New York, NY 10016

RE: The tariff classification of a woman's knitted pullover from Hong Kong.

Dear Ms. Hodur:

In your letter dated August 12, 1998, and subsequent FAX message dated, August 27, 1998, you requested a tariff classification ruling.

This ruling serves as Supplement #1 to the previous ruling, Pre-entry Classification (PeC) review, PeC:C89682, which was issued by Customs to your office on July 21, 1998. On page 65 of that review we classified Style NJ2KM653 under the provision for "other garments, knitted or crocheted: of cotton, tops, women's", in item number 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS). The Customs Office noted that the style did "not reach the waist" of the wearer.

In your current letter and FAX message which requests a new ruling for this style, you note that the garment "has been lengthened and will now reach the waist". We have examined the revised sample of this style which you submitted with your ruling request. Style NJ2KM653 is a woman's knitted pullover with a V-neckline and long sleeves. The bottom of the garment and the sleeve ends are finished by tubular knitting. At the lower left side of the pullover, at the bottom, there is an applique' with the inscription "CK Calvin Klein Jeans" embroidered on it. The pullover extends from the wearer's neck and shoulders to below her waist. The jersey knit fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The revised fiber content of the pullover is 97.4% cotton, 2.6% metallic. The metallic yarns exist only on two stripes which run across the right shoulder.

The new classification for the pullover is as follows:

Style Class. Cat. Duty

NJ2KM653 6110.20.2075 339 19%

Your sample is being returned.

A corrected sheet showing Style NJ2KM653 is attached and should be inserted in PeC:C89682 (page 65).

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters...and similar articles, knitted: of cotton: other. The duty rate will be 19% ad valorem.

The pullover falls within textile category designation 339. Based upon international textile trade agreements products of Hong Kong are subject to quota 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.


Robert B. Swierupski

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