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NY G84720




January 3, 2001

CLA-2-61:RR:NC:TA:359 G84720

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Ms. Rebecca Cheung
Ann Taylor, Inc.
1372 Broadway, 6th Floor
New York, NY 10018

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

Dear Ms. Cheung:

In your letter dated December 1, 2000, you requested a tariff classification ruling.

The sample which you submitted will be returned, as requested.

Style 22-54093 is a woman’s knitted sleeveless pullover with a round neckline and a tubular hemmed bottom. The fabric of the pullover has more than nine stitches per two centimeters, measured in the horizontal direction. You state that the fiber content of the pullover is 59% silk, 16% polyester, 14% nylon, 8% metallic and 3% spandex.

Since the pullover contains metallic yarn, you have also submitted a report from a testing laboratory. Their analysis has produced the fiber content to be 59.1% silk, 15.7% polyester, 14.2% nylon, 8.4% metallic and 2.6% spandex.. The laboratory has also reported that the fabric of the pullover consists of three yarns. The first yarn consists of two 2-ply red yarns composed of 100% silk. The second, is a red nylon and spandex elastic yarn. The third is a red 100% polyester yarn plied with red metallic. The report also states that metal portion of the metallic yarn is aluminum.

The applicable subheading for the Style 22-54093, the pullover, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of other textile materials: other. The duty rate will be 6% ad valorem for the year 2000 and the same for 2001.

The pullover falls within textile category designation 838. 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.

Sincerely,

Robert B. Swierupski
Director,

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