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NY L80021

November 17, 2004

CLA-2-61: RR:NC:TA:359 L80021


TARIFF NO.: 6110.90.9078

Ms. Melissa Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

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

Dear Ms. Fox:

In your letter dated October 15, 2004 you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style 52EE65077, is a woman’s pullover. You state that the overall fiber content is 71% polyester, 28% nylon, 1% metallic fibers. You also state that there are four yarns in the fabric of this garment and that each of these yarns have five plies. Three of the plies consist of a blend of 45.8% nylon, 54.2% metallic fibers. The fourth ply is 100% polyester. The fifth ply is 100% nylon. Each yarn of this fabric is twisted with metallic yarns. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches are formed. The garment features a boat-shaped neckline. It also features ¾ length sleeves finished with tubular fabric and a tubular bottom.

The applicable subheading for the pullover will be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: subject to man-made fiber restraints: women’s. The duty rate will be 6% ad valorem.

The pullover falls within textile category designation 639. Based upon international textile trade agreements this product from Korea is subject to quota and requires 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 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 Camille R. Ferraro at 646-733-3049.


Robert B. Swierupski

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