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NY H85285

September 6, 2001

CLA-2-61:RR:NC:TA:359 H85285


TARIFF NO.: 6110.90.9090

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

RE: The tariff classification of two women’s pullovers from China

Dear Mr. Kelly:

This letter replaces New York Ruling Letter (NYRL) NY H80499 that was issued to you on July 31, 2001. In your letter dated August 9, 2001 you state that style number 25369178 was incorrectly given. The correct style number is 253693178. Please see correction below.

In your letter dated May 2, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted two samples. Style number 253B83628 , is a woman’s 2x2 rib knit, long sleeved pullover with a turtleneck collar. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 62% silk, 22% cotton, 10% polyester, 6% metallic.

Style number 253693178 is a woman’s long sleeved jersey knit pullover with a V-neckline. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 72% silk, 11% nylon, 11% polyester, 5% metallic, 1% spandex.

In order to verify the fiber content of the two pullovers and to analyze the yarn structure of their fabrics, we have submitted them to the U.S. Customs Laboratory in New York. The laboratory has reported that the fabric of style 253B83628 is composed of a 6-ply metallic yarn that is composed of three 2-ply yarns. Yarn A & B is composed of a silk and cotton blend (83.8% by weight of the entire fabric). The silk/cotton blended yarns consist of 73.5% silk, 26.5% cotton. Yarn C is composed of a metallized yarn (16.2% by weight of the entire fabric). The metallized yarn consists of 61.6% polyester, 38.4% metallic, mylar type. The overall fiber content is 61.6% silk, 22.2% cotton, 10.0% polyester, 6.2% metallic. Style 25369178 is composed of one 8-ply metallic yarn (87.7% by weight of the fabric) and a single ply spandex/nylon yarn (12.3% by weight of the fabric). The metallized yarn consists of four 2-ply yarns. Yarns A, B, & C are composed of three 2-ply 100% silk yarns. Yarn D is composed of one 2-ply metallized yarn. The 2-ply metallized yarn consists of 66.2% polyester, 33.8% mylar type metallic. The spandex/nylon yarn consists of 85.4% nylon, 14.6% spandex. The overall fiber content is 71.7% silk, 10.5% nylon, 10.5% polyester, 5.5% metallic (mylar-type), 1.8% spandex.

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

The two pullovers fall within textile category designation 838. Based upon international textile trade agreements products of China 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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