The tariff classification of two women’s knitted sweaters from Hong Kong and Macau

NY F88405 September 8, 2000 CLA-2-61:RR:NC:TA:359 F88405 CATEGORY: Classification TARIFF NO.: 6110.90.9030; 6110.90.9028 Ms. Elizabeth Hodur Warnaco Customs Compliance Dept. 149 Madison Ave. New York, NY 10016 RE: The tariff classification of two women’s knitted sweaters from Hong Kong and Macau Dear Ms. Hodur: In your letter dated June 8, 2000, you requested a tariff classification ruling. The two samples which you submitted will be returned as requested. Style PD1CC8164 is a woman’s knitted, sleeveless sweater with a mock turtleneck. The rib knit fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that the fiber content is 92% rayon, 5% polyester, 3% other fibers. Style PD1BK8151 is a woman’s knitted, sleeveless pullover sweater with a turtleneck. The jersey knit fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that its fiber content is 60% wool, 20% nylon, 11% alpaca, 6% polyester, 3% metallic. In order to verify the fiber content of the two sweaters and to analyze the yarn structure of their fabrics, we have submitted the samples to the U.S. Customs Laboratory in New York. For Style PD1CC8164, the laboratory has reported that the overall fiber content is 91.7% rayon, 8.3% metalized yarns. The laboratory has also stated that the fabric of this sweater consists of two 6-ply yarns, each of which is composed of two 2-ply rayon filament yarns twisted together to yield a 4-ply yarn which is in its turn twisted with a 2-ply metalized yarn. The compositional breakdown of the metalized yarn is: polyester 64.8% (one ply), mylar-type metallic 35.2% (one ply). For Style PD1BK8151 the laboratory has reported that the overall fiber content is 69.9% wool and alpaca, 20.1% nylon, 10.0% metalized yarn. The laboratory has also stated that the fabric of this sweater consists of one 4-ply yarn, which is composed of two single-ply yarns of wool and alpaca blended with nylon which are twisted with a 2-ply metalized yarn. The compositional breakdown of the metalized yarn is: 64.8% polyester (one ply), 35.2% mylar-type metallic (one-ply). The applicable subheading for Style PD1CC8164, the sweater will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters…and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: subject to manmade fiber restraints. The duty rate will be 6% ad valorem. The applicable subheading for Style PD1BK8151, the sweater will be 6110.90.9028, which provides for sweaters…and similar articles, knitted or crocheted, of other textile materials: other: sweaters for women or girls: subject to wool restraints. The duty rate will be 6% ad valorem. Style PD1CC8164 falls within textile category designation 646. Style PD1BK8151 falls in category 446. Based upon international textile trade agreements products of Hong Kong and Macau are subject to quota and the requirement of 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 Mike Crowley at 212-637-7077. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division