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NY G81821

September 14, 2000

CLA-2-61:RR:NC:TA:361 G81821


TARIFF NO.: 6114.90.9010

Mr. Rodney Ralston
Customs Consultant
Trans-Border Customs Service, Inc.
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a woman’s knit top from Macau.

Dear Mr. Ralston:

In your letter dated August 30, 2000, you requested a classification ruling on behalf of Teenflo for a woman’s knit garment. The sample is being returned, as you requested.

Style 4289 is a woman’s top constructed from 94% rayon, 6% metallic knit fabric. The off-the-shoulder sleeveless top has one shoulder strap; and a self finished bottom. The top also has a belt in the same fabric as the top.

You have indicated that the submitted garment is constructed from yarns that include metallic fibers. For this reason, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based on the information you provided, the garment is constructed using a single yarn, composed of both the metallic and rayon fibers. As such, the garment is considered to be of “other fibers.”

The top and belt are considered to be a composite good, under the General Rules of Interpretation (GRI) 3(b). As such, they are classified as a unit under one tariff number, and one quota category number is applied to both the top and the belt. The essential character of this style is provided by the top.

The applicable subheading for style 4289 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of other textile materials: Tops. The duty rate will be 2.9 percent ad valorem.

Style 4289 falls within textile category designation 838. Based upon international textile trade agreements products of Macau are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Angela De Gaetano at 212-637-7029.


Robert B. Swierupski

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