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NY H82971





July 16, 2001

CLA-2-61:RR:NC:TA:359 H82971

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

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

RE: The tariff classification of two women’s sweaters from Hong Kong

Dear Mr. Kelly:

In your letter dated June 8, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted two samples of women’s knit sweaters. You state that both styles are constructed from 98% acrylic, 2% other fibers. The outer surface of the sweaters measures 9 or fewer stitches per 2 centimeters in the horizontal direction. Style 321610308 is a sleeveless pullover sweater that features a 1x1 rib knit cowl neck collar and a 1x1 rib knit bottom. Style 321600318 is a cardigan that features a 1x1 ribbed neckline, long sleeves with ribbed cuffs, a full front opening with 6 button closures, 2 front patch pockets in the waist area, and a ribbed bottom. The placket and the pockets are finished with 1x1 ribbed fabric.

You submitted a report from a laboratory testing center. The report states that two yarns are used in knitting the fabric of the sweaters. The first yarn is composed of 100% acrylic and the second yarn is composed of 62.5% nylon, 37.5% metallic. The report states that the overall fiber content is 98.4% acrylic, 1% nylon, .5% polyester, .1% metal.

The applicable subheading for the sweaters will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted: of manmade fibers: other. The duty rate will be 32.7% ad valorem.

Your samples are being returned as requested.

The sweaters fall within textile category designation 646. Based upon international textile trade agreements products of Hong Kong 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.USTREAS.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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