The tariff classification of three women’s garments from Hong Kong

NY H81958 July 11, 2001 CLA-2-61:RR:NC:TA:359 H81958 CATEGORY: Classification TARIFF NO.: 6110.30.3055; 6110.30.1520 Mr. James J. Kelly Barthco Trade Consultants, Inc. 7575 Holstein Ave. Philadelphia, PA 19153 RE: The tariff classification of three women’s garments from Hong Kong Dear Mr. Kelly: In your letter dated June 8, 2001, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling. You submitted three samples. First, you sent these three samples to a laboratory testing service. Style number 31B61198 is a woman’s knit pullover. You state that the fiber content is 77% rayon, 14% metallic, 9% nylon. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a notched-lapel collar, a V-neckline, long sleeves with slits, and a hemmed bottom. The laboratory has determined that there are two yarns in the fabric. The first yarn is a solid yarn composed of 100% rayon (77.4% of total). The second yarn is a lurex yarn composed of 60.2% metallic and 39.8% nylon (22.6% of total). They also state that the overall fiber content is 77.4% rayon, 13.6% metallic, 9.0% nylon. Style number 31B66188 is a woman’s knit sweater that features a funnel neck collar and long sleeves. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 54% acrylic, 43% wool, 3% other fibers. The laboratory has determined that there are two yarns in the fabric. The first yarn is a solid yarn composed of 56.1% acrylic, 43.9% wool (96.8% of the total). The second yarn is a lurex yarn composed of 59.4% nylon, 40.6% metallic (3.3% of the total). They also state that the overall fiber content is 54.3% acrylic, 42.5% wool, 1.9% metallic, 1.3% nylon. Style number 31B76188 is a woman’s knit pullover that features a round neckline with a tie closure and long sleeves. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 68% rayon, 20% polyester, 12% metallic. The laboratory has determined that there are two yarns in the fabric. The first yarn is a 100% rayon yarn (67.9% of the total). The second yarn is a lurex yarn composed of 63.9% polyester, 36.1% metallic (32.1% of the total). They also state that overall fiber content is 67.9% rayon, 20.5% polyester, 11.6% metallic. Your samples are being returned as requested. The applicable subheading for styles 31B61198 and 31B76188 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted: of manmade fibers: other: women’s or girls’. The duty rate will be 32.7% ad valorem. The HTS subheading for style 31B66188 will be 6110.30.1520, which provides for women’s sweaters, knitted: of manmade fibers: other: containing 23 percent or more by weight of wool or fine animal hair: women’s or girls’. The duty rate will be 17% ad valorem. The two pullovers fall within textile category designation 639. The sweater falls in category 446. Based upon international textile trade agreements products of Hong Kong 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 effected 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