NY 816820: The tariff classification of two women's garments from Hong Kong.

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.

                            NY 816820

                         January 2, 1996

CLA-2-61:RR:NC:WA:359 816820  

CATEGORY: Classification

TARIFF NO.:    6110.90.9042; 6110.90.9090 

Ms. Kathy Redey
Eddie Bauer
15010 N.E. 36th Street
Redmond, WA  98052

RE:  The tariff classification of two women's garments from Hong
     Kong.

Dear Ms. Redey:

     In your letter dated December 1, 1995 you requested a tariff
 classification ruling.  Your samples are being returned as
requested.
     
     You submitted two samples.  Style number 15018/15021
(regular/petite)is a woman's sweater constructed from 55% linen,
45% rayon, fancy knit fabric.  The outer surface of the sweater
measures less than 9 stitches per 2 centimeters, horizontally. 
The sweater features a V-neckline; long sleeves; and a full front
opening with seven button closures. 

     Style number 15036/15037 (regular/petite) is a woman's
sleeveless pullover constructed from 55% linen, 45% rayon, 1X1
rib knit fabric.  The outer surface of the pullover measures more
than 9 stitches per 2 centimeters horizontally.  The garment
features a round neckline.

     Along with your samples you have submitted copies of the
results of tests performed by an independent laboratory to verify
the stated fiber content of your styles.  You stated that there
were four samples involved with these tests and that the results
were "inconclusive", insofar as they were all at variance from
your stated content, and were close to the breaking point, after
which classification change would occur.

     The classifications found in this ruling are based on your
stated fiber content, not on the lab test results.  We note that
it is an importer's responsiblity to insure that the fiber
content of a garment conforms with the conditions of the purchase
order or contract agreed upon between the importer and the
manufacturer. 


      At the time of entry, Customs may verify the actual fiber
content of the garments imported.  If the fiber content varies
from the weight breakdown provided in your letter, the Harmonized
Tariff Schedule (HTS) classification and textile category may
differ.

     The applicable subheading for style 15018/15021 will be
6110.90.9042, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's sweaters, knitted: of other
textile materials: other.  The duty rate will be 6% ad valorem
for 1995 and 1996.  The applicable HTS subheading for style
15036/15037 will be 6110.90.9090, which provides for women's
pullovers, knitted: of other textile materials: other.  The duty
rate will be 6% ad valorem for 1995 and 1996.

     Style 15018/15021 falls within textile category designation
845. Style 15036/15037 falls in category 838.  Based upon
international textile trade agreements products of Hong Kong are
subject to quota restraints and the requirement of a visa.
     
     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.  Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes.  To
obtain the most current information available, 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.

     This ruling is being issued under the provisions of Section
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 212-466-5852.



                                        Sincerely,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division