CLA-2-61:S:N:N5:359 810417
Ms. Nelda H. Keith
A.L. Fase & Co.
4849 N. Scott St., Suite 116
Schiller Park, IL 60176
RE: The tariff classification of a woman's knit pullover from Hong Kong.
Dear Ms. Keith:
In your letter dated April 13, 1995, resubmitted May 9, 1995, on behalf of Joyce Sportswear, Gary, Indiana, you requested a tariff classification ruling.
The sample which you submitted was destroyed during laboratory analysis.
Style 9754 is a woman's knit pullover with a round, rib knit neckline, long sleeves with rib knit cuffs and a rib knit bottom. You state that the fiber content is 38% ramie, 32% cotton, and 30% polyester. The fabric of the garment has more than nine stitches per two centimeters, measured in the horizontal direction. The pullover is made in Hong Kong.
In order to classify your style we have submitted it to the U.S. Customs Laboratory at New York for an analysis of its fiber content and yarn structure. The laboratory has reported that the sample is composed of three 2-ply yarns, one of which consists of a blend of ramie and cotton fibers, while each one of the remaining two is 2-ply metallic yarn. The metallic yarns consist of a polyester core plus metalized yarn (mylar type) which surrounds the core. The laboratory has determined that the overall fiber content of the pullover is 40.5% metallic yarn, 37.2% ramie, and 22.3% cotton. The metallic yarn consists of 64.5% polyester, 35.5% metalized yarn (mylar type).
The applicable subheading for style 9754 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted, of other textile materials, other, other, women's. The duty rate will be 6% ad valorem.
Style 9754 falls within textile category designation 838. 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. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport