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NY 888045

October 25, 1993

CLA-2-61:S:N:N5: 359P 888045


TARIFF NO.: 6110.90.0042; 6110.90.0070

Mr. Richard Demma
Bonaventure Textiles U.S.A., Inc.
1411 Broadway
New York, NY 10018

RE: The Tariff Classification of Three Women's Knit Garments from Hong Kong.

Dear Mr. Demma:

In your letter dated June 28, 1993, you requested a tariff classification ruling on four samples of women's knitwear from Hong Kong. Unfortunately, one of your samples was destroyed during the laboratory analysis and we are, therefore, unable to comment on the classification of Style 712318/SW7052. We regret any inconvenience that this causes you.

Style Number 776781/SW4794 is a woman's knit, long sleeved cardigan, similar to a sweater, with a deep V-neckline and a five button, full front opening. There are also two pockets below the waist, a pronounced rib knit waistband and rib knit cuffs on the sleeves. You state that the fiber content is 75% cotton, 16% rayon and 9% metallic. The fabric of this cardigan has more than nine stitches per two centimeters, measured in the horizontal direction.

Style Number 776009/SW5234 is a woman's knit, short sleeved pullover. It has a round, hemmed neckline without an opening, and a hemmed bottom and hemmed sleeves. The fabric of this pullover has more than nine stitches per two centimeters, measured in the horizontal direction. You state that the fiber content of the pullover is also 75% cotton, 16% rayon and 9% metallic.

Style Number 712314/SW7055A is a woman's knit pullover sweater with a cowl neck, pronounced rib waistband and long sleeves with rib knit cuffs. The fabric of the sweater has less than nine stitches per two centimeters, measured in the horizontal direction. You state that the fiber content of the sweater is 53.8% ramie, 38.6% cotton and 7.6% polyester.

The Customs laboratory reports that the fiber content of Style 776781/SW4794 is 83.4% cotton, 5.7% metallic (mylar type), and 10.9% polyester. The laboratory also reports that the cardigan "is constructed with two two-ply cotton yarns and one mylar monofilament wrapped with polyester multifilament knitted as one."

The laboratory report for Style Number 776009/SW5234 states that its fiber composition is 83% cotton, 10.9% polyester and 6.1% metallic (lurex type). The report also notes that the fabric "is composed with two two-ply cotton yarns and one two-ply yarn of polyester filament and metallic monofilament (lurex type) running as one to form the piece."

In the laboratory report for Style Number 712314/SW7055A, the fiber content is as follows: 51.2% ramie, 41.5% cotton, 2.5% polyester and 4.8% metallic. The report also states that the fabric structure consists of "three two-ply spun yarns of ramie cotton blend and two two-ply strands of metallic (lurex type) and polyester filament knitted as one yarn."

Under the Harmonized Tariff Schedule (HTS), metallic yarn, which the tariff calls "metalized yarn", is specifically classified in Heading 5605 as a textile yarn that is "combined with metal in the form of thread, strip or powder or covered with metal." According to the Harmonized Commodity Description and Coding System Explanatory Notes, Heading 5605 covers "(1) yarn consisting of any textile material...combined with metal thread or strip, whether obtained by a process of twisting, cabling or by gimping, whatever the proportion of the metal present....(and) (2) yarn of any textile material...covered with metal by any process...." Note 2(B)(a), Section XI, HTS, directs that the entire weight of the metallic yarn (i.e.), the metallic fiber and the textile fiber with which it combines) be treated as a single textile material. Furthermore, Legal Note 8, Section XI, HTS, precludes classification of metallic yarn as a yarn of man-made fibers.

These same legal principles apply when classifying apparel made with metallic yarn which consists of metallic and textile fibers combined together. All three of the samples which you have submitted are made of plied yarn, knitted as one, that consists of textile and metallic fibers, according to the Customs laboratory analysis. Therefore, for tariff purposes, all three samples are classified, at the eight-digit level, under the appropriate provision for wearing apparel made of other textile materials. Style Number 776781/SW4791, the cardigan, similar to a sweater, Style Number 776009/SW5234, the pullover, and Style 712314/SW7055A, the sweater, are classified under the provision for "Sweaters....and similar articles, knitted or crocheted, Of other textile materials...," in item 6110.90.00 HTS, with duty assessed at 6% ad valorem.

However, in order to determine the classification of the samples for statistical, quota category and fiber restraint purposes, it is appropriate to consider the fiber breakdown of each style to determine its predominant weight (Statistical Note(2), Section XI, HTS). Based on the Customs' laboratory analysis, Style Numbers 776781/SW4794 and 776009/SW5234 have a predominant weight of cotton and they are subject to cotton restraints. Both styles fall within the statistical reporting provision for "Other: subject to cotton restraints: Women's or girls'," in item 6110.90.0070, HTS. The textile quota category number for both styles is 339.

Based on the Customs' laboratory analysis, Style Number 712314/SW7055A has a predominant weight of ramie. It falls within the statistical reporting provision for "Sweaters: Women's or girls': Other: Other: Other" in item 6110.90.0042, HTS. The textile quota category number is 845.

Based upon international textile trade agreements, products of Hong Kong are subject to visa 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 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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