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NY D89099




March 26, 1999

CLA-2-61:K:TC:B7:I15 D89099

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.10.2030; 6110.90.9038

Mr. James J. Kelly
BARTHCO Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two womens knit sweaters from Hong Kong.

Dear Mr. Kelly:

In your letter dated March 9, 1999, you requested a classification ruling on behalf of Jones Apparel Group USA Inc. located at 250 Rittenhouse Circle, PA 19007.

The submitted samples, identified by style numbers M25E3228 and M25E8278, are womens knit sweaters. Style number M25E3228 is composed of 93% lambswool, 3% nylon and 4% lycra spandex jersey knit fabric. Style number M25E8278 is composed of 43% silk, 38% cotton and 19% linen 6x2 rib knit fabric. The fabric of both styles contain fewer than nine stitches per 2 centimeters when measured in the horizontal direction.

Style number M25E3228 is a pullover sweater featuring a hood with drawstring, raglan long sleeves with rib knit turn-up cuffs, and a hip-length bottom having a wide rib knit finish. Style number M25E8278 is a cardigan sweater featuring a hood, full front zippered opening, long sleeves, front vertical inset pockets below the waist and a hip-length bottom. The hood, sleeves, pockets and bottom have 3/4 inch 2x2 rib knit finishes.

The applicable subheading for style number M25E3228 will be 6110.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: other, sweaters: womens . The duty rate will be 16.5% ad valorem.

The applicable subheading for style M25E8278 will be 6110.90.9038, HTS, which provides for sweaters ... and similar articles, knitted or crocheted: of other textile materials: other, sweaters for women or girls: other: of silk: other. The duty rate will be 6% ad valorem.

Style number M25E3228 falls within textile category designation 446. Style number M25E8278 falls within textile category designation 846. As products of Hong Kong, this merchandise is subject to quota restraints and export license requirements based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John J. Martuge
Area Director

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