HQ 087176: Modification of NYRL 850934, dated April 20, 1990; Classification of ladies' knit sweater

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087176

                                     June 25, 1990





            CLA-2 CO:R:C:G  087176 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6110.30.3020

            Mr. Kenneth J. Baird
            Vice President
            Wolf D. Barth Co., Inc.
            90 West Street
            New York, New York 10006

            Re:  Modification of NYRL 850934, dated April 20, 1990;
                 Classification of ladies' knit sweater

            Dear Mr. Baird:

                 This is in further response to your letter of March 28,
            1990, to our New York regional office, in which you requested
            a tariff classification ruling, under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA), for three
            knit women's garments from Hong Kong.  The response to your
            March 28, 1990, request, New York Ruling Letter (NYRL) 850934,
            dated April 20, 1990, classified all three garments.  Your
            letter of April 24, 1990, stated that the fiber content of one
            of the sweaters was different from the percentages provided in
            your March 28, 1990 request.

            FACTS:

                 The merchandise at issue is represented by a sample of a
            ladies knit sweater with long sleeves, a full front opening
            with no closure and front pockets below the waist.  The fiber
            content was originally stated to be 30 percent wool and 70
            percent acrylic.  The fiber content was later determined to be
            15 percent wool and 85 percent acrylic.

            ISSUE:

                 What is the correct classification of the sweater in
            question.















                                          -2-


            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            determined according to the terms of the headings and any
            relative section or chapter notes.  Heading 6110, HTSUSA,
            provides for sweaters, pullovers, sweatshirts, waistcoats
            (vests) and similar articles, knitted or crocheted.  Subheading
            6110.30.1520, HTSUSA, provides for such articles which contain
            23 percent or more by weight of wool or fine animal hair.
            Subheading 6110.30.3020, HTSUSA, provides for sweaters,
            pullovers, sweatshirts, waistcoats (vests) and similar
            articles, knitted or crocheted, of man made fibers, other,
            sweaters, women's or girls'.  In light of the corrected fiber
            content information, the garment is properly classified under
            subheading 6110.30.3020, HTSUSA.

            HOLDING:

                 The sweater in question is classified under subheading
            6110.30.3020, HTSUSA, with a duty rate of 34.2 percent ad
            valorem, and subject to textile visa category 646.

                 This notice to you should be considered a modification of
            NYRL 850934 under 19 CFR 177.9(d)(1) (1989), copy enclosed.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact the local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                 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

























                                          -3-


            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, 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.

                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division


            Enclosure












































            drimmer library / 087176
            1cc: A.D., N.Y. Seaport
            DRimmer:za:02/28/90