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NY G89267




July 19, 2001

CLA-2-61:RR:NC:N3:359 G89267

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

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

RE: The tariff classification of a woman's knitted pullover from Hong Kong

Dear Mr. Kelly:

In your letter dated April 18, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a ruling on tariff classification. Your sample is returned, as requested.

Style 353C33528 is a woman’s knitted sleeveless pullover with a round neckline. The pullover covers the wearer’s upper body from the neck and shoulders to below the 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 57% silk, 24% cotton, 13% polyester, 6% metallic

In order to verify the fiber content of the pullover and to analyze the yarn structure of its fabric, we have submitted the sample to the U.S. Customs Laboratory in New York. The laboratory has reported that the overall fiber content of the pullover is 54.5% silk, 27.1% cotton, 11.9% polyester, 6.5% metallic mylar type yarns. The laboratory has also stated that the pullover is composed of two 2-ply silk/cotton yarns (66.8% silk, 33.2% cotton) and one 2-ply metallized yarn (64.5% polyester, 35.5% metallic mylar type yarn).

The applicable subheading for the pullover, will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted: of other textile materials: otherother: women’s or girls’. The general rate of duty will be 6% percent ad valorem.

The pullover falls within textile category designation 838. Based upon international textile trade agreements products of Hong Kong are currently 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 Michael Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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