The tariff classification of men's knit sweater vests from Hong Kong.

NY D86070 January 28, 1999 CLA-2-61:RR:NC:TA:N3:356 D86070 CATEGORY: Classification TARIFF NO.: 6110.90.9022; 6110.90.9024 Ms. Allison M. Baron Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street New York, NY 10004 RE: The tariff classification of men's knit sweater vests from Hong Kong. Dear Ms. Baron: In your letter dated December 16, 1998, you requested a tariff classification ruling on behalf of Polo Ralph Lauren Corporation. As requested, your samples will be returned. Styles S94SB05 and S94SN07A are men's sweater vests which are constructed from intarsia and rib knit fabrics which measure fewer than 9 stitches per 2 centimeters counted in the horizontal direction. The garments feature oversized armholes; a rib knit V-neckline; and a rib knit waistband. The major portion of the front panel of each garment is of intarsia construction and the rear panel and waistband are of 2 x 2 rib knit construction. For Style S94SB05, the intarsia knit portion of the front panel is 50 percent cotton, 26 percent silk, 24 percent linen by weight. The rear panel and the rib knit waistband are 56 percent linen, 44 percent cotton by weight. The overall fiber content of the garment is 47 percent cotton, 45 percent linen, 8 percent silk by weight. For Style S94SN07A, the intarsia knit portion of the front panel is 44 percent linen, 36 percent cotton, 20 percent silk by weight. The rear panel and the rib knit waistband are 100 percent linen by weight. The overall fiber content of the garment is 52 percent linen, 20 percent cotton, 8 percent silk by weight. Neither fabric comprises over 60% of the visible surface area of the garment and the intarsia knit portion of the front panel does not form the entire front of the garment. Since neither fabric provides the essential character for the garment, classification will be according to General Rule of Interpretation 3(c). If the garments are assembled in Hong Kong from knit to shape component parts knitted elsewhere, the applicable subheading for Styles S94SB05 and S94SN07A will be 6110.90.9022, 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: sweaters for men or boys: other: other: assembled in Hong Kong from knit to shape component parts knitted elsewhere. The duty rate will be 6 percent ad valorem. If the garments are assembled in Hong Kong from knit to shape component parts knitted in Hong Kong, the applicable subheading for the garments will be 6110.90.9024, 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: sweaters for men or boys: other: other: other. The duty rate will be 6 percent ad valorem. Styles S94SB05 and S94N07A fall within textile category designation 845. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and quota restraints. The designated textile and apparel category 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 Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-466-5877. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division