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NY H81934

August 16, 2001

CLA-2-61:RR:NC:TA:359 H81934


TARIFF NO.: 6110.90.9074

Mr. James J. Kelly
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated June 6, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted style number 353B23508, a woman’s knitted, sleeveless pullover with a ribbed turtleneck and a ribbed bottom. 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 88% wool, 8% polyester, 4% metallic.

Your sample is being returned as requested.

In order to verify the fiber content of the pullover and to analyze the yarn structure of the fabric, we have 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 a 2-ply wool yarn (31.9% by weight of the fabric) and a 4-ply metallized yarn (68.1% by weight of the fabric). The 4-ply metallized yarn is composed of a 2-ply wool yarn (84.5%) that is twisted together to a 2-ply metallized yarn (1-ply mylar type metallic, 5.4%/ 1-ply polyester, 10.1%). The overall fiber content is 89.5% wool, 6.9% polyester, 3.6% metallic (mylar-type).

The applicable subheading for the pullover will be 6110.90.9074, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of other textile materials: otherother: subject to wool restraints: women’s. The duty rate will be 6% ad valorem.

The pullover falls within textile category designation 438. Based upon international textile trade agreements products of 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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