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NY H81432

August 23, 2001

CLA-2-61:RR:NC:TA:359 H81432


TARIFF NO.: 6110.90.1060; 6104.61.0010

Mr. Jeff Katz
Import Operations Manager
Brooks Brothers
346 Madison Ave., 10th Floor
New York, NY 10017

RE: The tariff classification of a woman’s pullover from China and pants from Hong Kong

Dear Mr. Katz:

In your letter dated May 23, 2001, you requested a tariff classification ruling.

You submitted two samples. Style number sw590 is a woman’s long sleeved wrap style pullover. The front left panel is permanently attached to the inside sideseam of the right panel. The right panel then crosses over the left panel and ties in the back. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content of the pullover is 100% silk.

Style number cb207 is a woman’s pair of pants that feature a belt loop waist, a front zipper, a manmade fiber lining, and long hemmed, leg openings. You state that the fiber content is 56% wool, 22% nylon, 16% cotton, 5% polyester, 1% spandex.

Your samples are being returned as requested.

In order to verify the fiber content of style sw590, the pullover, and to analyze the yarn structure of the fabric, we submitted the pullover to the U.S. Customs Laboratory in New York. The laboratory has reported that the fabric of the pullover is composed of two 2-ply silk yarns (82.5% by weight of the fabric) and a 2-ply metallized yarn (17.5% by weight of the fabric). The 2-ply metallized yarn is composed of 65% polyester, 35% metallic (mylar-type). The overall fiber content is 82.5% silk, 11.4% polyester, 6.1% metallic (mylar-type).

The applicable subheading for the pullover will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of other textile materials: containing 70% or more by weight of silk or silk waste: other. The duty rate will be 2.4% ad valorem.

The HTS subheading for pants will be 6104.61.0010, which provides for women’s trousers, knitted: of wool or fine animal hair. The duty rate will be 15.5% ad valorem.

The pullover falls within textile category designation 739. The pants fall in category 448. Based upon international textile trade agreements products of China and Hong Kong are subject 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 effected 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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