CLA-2-61:RR:NC:TA:359 G84218

Ms. Rebecca Cheung
Ann Taylor, Inc.
1372 Broadway, 6th Floor
New York, NY 10018

RE: The tariff classification of a woman’s knitted pullover sweater from Hong Kong or China

Dear Ms. Cheung:

In your letter dated November 10, 2000, you requested a tariff classification ruling.

The sample which you submitted will be returned, as requested.

Style 22-50676 is a woman’s knitted, sleeveless, pullover sweater. The 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 of the sweater is 88% silk, 7% nylon, 5% metallic.

You have also furnished a report from a testing service laboratory which verified the exact fiber content and explained the structure of the yarns which compose the sweater’s knitted fabric. The laboratory has reported that the fabric contains two yarns. One yarn has eight 2-ply 100% silk yarns, while the second yarn has three 2-ply 100% nylon yarns plied with metallic (aluminum) yarn. The overall fiber composition of the sweater is 87.9% silk, 7.4% nylon, 4.7% metallic. The applicable subheading for the Style 22-50676, the sweater, will be 6110.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers…and similar articles, knitted or crocheted: of other textile materials: containing 70% or more by weight of silk or silk waste: sweaters: women’s or girls’. The duty rate will be 2.9% ad valorem for the year 2000 and 2.4% ad valorem for 2001.

The sweater falls within textile category designation 746. Based upon international textile trade agreements silk products of China and Hong Kong are not subject to quota nor the requirement of a visa.

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