CLA-2-61:RR:NC:TA:359 E82074

Ms. Margie Pettit
Cricket Lane
1411 Broadway
New York, NY 10018

RE: The tariff classification of a woman's knitted sweater from Hong Kong.

Dear Ms. Pettit:

In your letter dated May 5, 1999, you requested a tariff classification ruling.

Style number 7904 is a woman's sleeveless sweater that features a V-neckline, and a full front opening with 5 button closures. The neckline, armholes, placket and the bottom of the garment are finished with ribbed fabric. Various decorative designs are on the front two panels. The fabric of the garment has less than 9 stitches per 2 centimeters measured in the horizontal direction. You state that the fiber content is 56% acrylic, 27% polyester, 17% metallic.

In order to verify the fiber content of the sweater and to analyze the yarn structure of the fabric, we have submitted the garment to our U.S. Customs Laboratory in New York. The laboratory has reported that the fiber content of the sweater is 59.9% acrylic and 40.1% metallic. The laboratory also stated that the garment is composed of six 2-ply yarns, two of which are composed of acrylic fiber; the other four metallic yarns are composed of 62.5% polyester, 37.5% mylar-type metallic.

Your sample is being returned. The applicable subheading for style 7904 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of man-made fibers: other. The duty rate will be 33.1% ad valorem.

The garment falls within textile category designation 646. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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,
National Commodity
Specialist Division