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NY E83114

July 8, 1999

CLA-2-61:RR:NC:TA:359 E83114


TARIFF NO.: 6110.90.9074

Mr. John Imbrogulio
A/P,Import Office
1617 Sixth Ave.,Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of two women’s pullovers and a cardigan from Hong Kong

Dear Mr. Imbrogulio:

This is a replacement letter for District Ruling Letter (DRL) PD D89799 that was issued to you on May 7, 1999.

As you stated in your letter of June 10, 1999, an error was made in the classification of three women’s knit garments, styles SC1655, SC1659 and SC1657. These styles were classified inadvertly as sweaters and the ruling stated that they all had a stitch count of less than nine stitches per two centimeters, measured in the horizontal direction. We have now determined that the two pullovers should have been classified as pullovers, other, and the cardigan should have been classified as a cardigan, similar to a sweater. The outer surface of all three styles is constructed from fabric with a stitch count of more than nine stitches per two centimeters in the horizontal direction.

You also stated that the fiber content of 53% silk and 47% cashmere was incorrect and that the correct fiber content according to your test report is actually 50.6% silk, 49.4% cashmere. You resubmitted the three garments. Please note corrections below.

In your letter dated April 9,1999, you requested a tariff classification ruling.

The submitted samples, Styles SC1657 and SC1659 are two women’s pullovers and style SC1655 is a woman’s cardigan of 50.6% silk, 49.4% cashmere, knit fabric. The outer surface of the garments measure more than nine stitches per two centimeters measured in the horizontal direction. All of these styles have a cable stitch pattern and they all extend below the waist.

Style SC1655 features a full frontal opening with a five button closure; a V-neck with rib trim along the neckline and frontal opening; long sleeves with rib cuffs; and a rib bottom. Style SC1659 features a turtleneck; long sleeves with rib cuffs; and a rib bottom. Style SC1657 is sleeveless and features rib armholes, neckline and bottom.

Your samples are being returned.
The applicable subheading for the pullovers and the cardigan will be 6110.90.9074, Harmonized Tariff Schedule of the United States (HTS) which provides for women’s sweaters, pullovers. . . and similar articles, knitted or crocheted: of other textile materials: other: other: subject to wool restraints. The duty rate will be 6 percent ad valorem.

Styles SC1655, SC1659 and SC1657 fall within textile category designation 438. Based upon international textile trade agreements, such products from 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or 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 212-637-7077


Robert B. Swierupski

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