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NY J87283




October 31, 2003

CLA-2-61:RR:NC:TA-359: J87283

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.1060

Mr. Frank J. Desiderio
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 245 Park Avenue, 33rd Floor
New York, New York 10167-3397

RE: The tariff classification of women’s knitwear from Hong Kong Dear Mr. Desiderio:

In your letter dated August 1, 2003, submitted on behalf of your client, Bernard Chaus, Inc., Secaucus, New Jersey, you requested a classification ruling. You submitted two samples. In New York Ruling Letter J87092, dated August 25, 2003, this office classified Style 50827. The present ruling addresses the classification of Style 50438. We are returning your sample, as requested.

Style 50438 is a woman’s knitted pullover that has a cowl neck, long sleeves with rib knit cuffs and a rib knit bottom. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. You state that the fiber content of the pullover is 70% silk, 30% nylon.

In order to classify your garment we have sent it to the Customs and Border Protection Laboratory in New York for an analysis of its fiber content and its yarn structure. The laboratory has reported that the fabric of Style 50438 is composed of a 2-ply staple silk yarn (88.9% by weight of the total) and a 2-ply metallic yarn (11.1% by weight of the total). The metallic yarn is composed of a single ply of mylar-type metallic (61.3% by weight) and a single ply of filament nylon yarn (38.7% by weight). The overall fiber content of the pullover is 88.9% silk, 6.8% nylon, 4.3% metallic.

The applicable subheading for the woman’s knitted pullover, Style 50438, will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, --- and similar articles, knitted or crocheted: of other textile materials: containing 70% or more by weight of silk: other: women’s. The duty rate will be 1.4% ad valorem.

The pullover falls within textile category designation 739. Based upon international textile trade agreements this product from Hong Kong is not subject to the restraints of quota or the requirement of a visa.

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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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