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NY E88826

January 26, 2000

CLA-2-61:RR:NC:TA:359 E88826


TARIFF NO.: 6110.90.9090

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 October 28, 1999, submitted on behalf of your client Jones Apparel Group USA, Inc., Bristol, Pennsylvania, you requested a tariff classification ruling.

You submitted three samples with your request. Style W3J21B028 was transferred to another office which will reply to you concerning that sample. The remaining two samples are the subject of this ruling letter. Those samples are returned as requested.

Style W3JASB108 is a woman’s knitted “racer-back-tank” style pullover, which is sleeveless.

Style W3JASB118 is a woman’s knitted pullover with a V-shaped neckline and three-quarter sleeves.

You state that the fiber content for each style is 81% linen, 19% polyester. We note that the outer fabric of each style is more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

In order to verify the fiber content of each of the two samples and to analyze the yarn structure of each, we have submitted both of them to the U.S. Customs Laboratory in New York. The laboratory has reported that the fabric of each sample is composed wholly of one 2-ply linen yarn and one 2-ply polyester yarn. The fiber content of Style W3JASB108 is 84.4% linen, 15.6% polyester. The fiber content of Style W3JASB118 is 84.8% linen, 15.2% polyester.

The applicable subheading for Styles W3JASB108 and W3JASB118, the pullovers, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: of other textile materials: other: other: other: women’s. The duty rate will be 6% ad valorem.

The pullovers fall within textile category designation 838. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7077.


Robert B. Swierupski

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