The tariff classification of a woman’s sleeveless pullover from Hong Kong

NY K86156 June 9, 2004 CLA-2-61:RR:NC:TA:359 K86156 CATEGORY: Classification TARIFF NO.: 6110.90.9078 Ms. Melissa Fox Barthco Trade Consultants 721 Chestnut Street Philadelphia, PA 19106 RE: The tariff classification of a woman’s sleeveless pullover from Hong Kong Dear Ms. Fox: In your letter dated May 18, 2004, you requested a classification ruling on behalf of Jones Apparel Group. As requested, your sample is being returned to you. In your letter you state that the garment contains 11% polyester. However, the results of the laboratory analysis you provided state that the garment contains 14% polyester. We are accepting the laboratory result as correct. Your sample, style 221J10978, is a woman’s sleeveless pullover constructed from 52% rayon, 27% nylon, 14% polyester, 7% metallic jersey knit fabric. Each yarn of this fabric is clearly twisted with the metallic yarns. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a round neckline, sleeveless armholes and a tubular bottom. The applicable subheading for the pullover will be 6110.90.9078, 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: other: subject to man-made fibers restraints: women’s. The duty rate will be six percent ad valorem. The pullover falls within textile category designation 639. Based upon international textile trade agreements this product from Hong Kong is subject to quota and requires 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 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division