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NY H83422

August 30, 2001

CLA-2-61:RR:NC:TA:359 H83422


TARIFF NO.: 6110.90.9028

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

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

Dear Mr. Kelly:

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

The submitted sample, style number 519B13148, is a woman’s multi-rib knit, long sleeved sweater with a turtleneck collar. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. You state that the fiber content of the sweater is 61% acrylic, 26% wool, 9% polyester, 4% metallic.

Your sample is being returned as requested.

In order to verify the fiber content of the sweater and to analyze the yarn structure of the fabric, we have submitted it to the U.S. Customs Laboratory in New York. The laboratory has reported that the fabric of the sweater is composed of a 12-ply metallic yarn. The 12-ply yarn is composed of six 2-ply yarns (four 2-ply acrylic/wool which is 86.2% by weight of the fabric) and two 2-ply metallized yarns which is 13.8% by weight of the fabric). The 2-ply metallized yarn is composed of 1-ply 65.6% mylar-type metallic and 1-ply 34.4% polyester. The 2-ply acrylic/wool yarn is composed of 69.8% acrylic, 30.2% wool. The overall fiber content of the sweater is 60.2% acrylic, 26.1% wool, 9.0% polyester, 4.7% metallic (mylar-type).

The applicable subheading for the sweater will be 6110.90.9028, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, knitted: of other textile materials: otherother: subject to wool restraints. The duty rate will be 6% ad valorem.

The sweater falls within textile category designation 446. 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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