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March 24, 1999

CLA-2-61:RR:NC:WA:360 D86114

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.5010

Mr. Phil Taulbee
The J. Peterman Co.
318 Russell Cave Road
Lexington, KY 40505-3164

RE: The tariff classification of women’s woven dresses from Hong Kong or China

Dear Mr. Taulbee:

In your letter dated December 9, 1998, you requested a classification ruling. Your response was delayed due to the requirement of a laboratory analysis. We apologize for any inconvenience this may have caused you. The sample is being returned, as you requested.

Style 12227 is a women’s woven dress. You have indicated that the overall fiber content of the garment is 45% metallic, 31% silk, and 24% cotton. The sleeveless garment is lined and extends to the ankles. The garment has a rear zipper closure and shoulder straps.

Section XI, subheading note 2 which indicates:

2. (A) Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

(B) For the purposes of the above rule:

(a) Gimped horsehair yarn (heading 5110) and metalized yarn (heading 5605) are to be treated as a single textile material the weight of which is to be taken as the aggregate of the weights of its components; for the classification of woven fabrics, metal thread is to be regarded as a textile material;

According to the Customs laboratory, the garment is constructed from three separate yarns. One yarn is composed wholly of silk and one yarn is composed wholly of cotton. The metalized yarn is composed of a gold mylar-type ply with a white rayon core. According to this analysis, and following the rules set forth in Section XI, subheading note 2, the garment is constructed from 35.1% silk, 26.2% cotton and 38.7% metallized yarn, the aggregate of the rayon and the mylar. Therefore, since the weight of the metallized yarn (considered an “other fiber”) exceeds the weight of the silk and cotton, the garment is considered to be in chief weight of other textile materials under subheading 6204.49.50, HTS.

Furthermore, in determining the classification of these garments at the statistical level, we look to Statistical Note (2) to Section XI, HTSUS, which states in pertinent part:

(a) The term "subject to cotton restraints" means articles in which:

(i) The cotton component equals or exceeds 50 percentby weight of all the component fibers thereof; or

(ii) The cotton and any wool, fine animal hair or man?made fibers in the aggregate equals or exceeds 50 percent by weight of all the component fibers thereof and the cotton component equals or exceeds the weight of each of the wool (including fine animal hair) and man?made components.

(c) The term "subject to man?made fiber restraints" means articles not provided for in (a) or (b) above and the man?made fiber component, or the man?made fibers and anycotton, wool or fine animal hair in the aggregate, equals or exceeds 50 percent by weight of all the component fibers thereof.

This note directs that we look to each of the component fibers separately in determining the classification at the statistical level. The fiber breakdown of the dress is as follows: 35.1% silk, 26.2% cotton, 25.9% rayon and 12.9% metalized yarn. Therefore, according to Statistical Note 2(a)(ii), the dress would be subject to cotton restraints as the cotton and the man? made fibers exceed 50% by weight of all the component fibers and the cotton fiber component exceeds the weight of each of the man-made fibers. We note that in classifying the dresses at the 8? digit level, we look to the material composition of the dress and as the metalized yarn is considered a single textile material for classification purposes, we do not break it down into its aggregate components. However, at the statistical level, the relevant note dictates that we look at the fiber breakdown of the garment, which requires us to breakdown the metalized yarns into its core components. As a result, at the statistical level, the subject dress is subject to the cotton restraints

The applicable subheading for the dress will be 6204.49.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses of other textile materials. The rate of duty will be 7.2 percent ad valorem.

The dress falls within textile category designation 336 . Based upon international textile trade agreements, products of Hong Kong or China are subject to a visa requirement and quota restraints.

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 Part 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.

If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski

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