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NY F89950

October 26, 2000

CLA-2-61:RR:NC:TA:359 F89950


TARIFF NO.: 6110.30.3055

Ms. Maryjane Franizzi
Manager, Import Services

Lerner New York

460 West 33rd Street
New York, NY 10001

RE: The tariff classification of a woman’s knitted pullover from China

Dear Ms. Franizzi:

In your letter dated July 13, 2000 you requested a tariff classification ruling.

The sample which you submitted is returned under separate cover.

The sample, Style 2578, is a woman’s knitted pullover with a round, capped neckline and long, hemmed sleeves. The pullover extends from the wearer’s neck and shoulders to below her waist. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content of the pullover is 83% rayon, 17% metallic.

In order to verify the fiber content of the pullover and to analyze the yarn structure of its fabric, we have submitted your sample to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber content of the pullover by weight is 50.2% rayon, 49.8% metalized yarns. The laboratory has also reported that the pullover is composed of one 1-ply rayon yarn and one 2-ply metalized yarn, which consists of 1-ply of rayon and 1-ply of mylar-type metallic. The metallic yarn has the following composition by weight: 64.6% rayon, 35.4% mylar-type metallic.

The applicable subheading for the woman’s knitted pullover, Style 2578, 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 or girls’. The duty rate will be 32.9% ad valorem.

The pullover falls within textile category designation 639. Based upon international textile trade agreements products of China 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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