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NY H83700

August 7, 2001

CLA-2-61:RR:NC:WA:361 H83700


TARIFF NO.: 6114.30.1020

Mr. John Imbrogulio, Import Specialist
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-0870

RE: The classification of a woman’s top from Hong Kong.

Dear Mr. Imbrogulio:

In your letter dated July 5, 2001, you requested a classification ruling for a woman’s knit top. As we discussed, the sample is being retained by Custom.

Style NO32197 is a woman’s double layer top. The outer layer is a raschel openwork construction and is made from 81% nylon, 19% metallic knit fabric. The inner layer is constructed from 100% woven silk fabric. The top extends past the waist and features 1/8-inch shoulder straps; a u-shaped neckline in front; and a scalloped edging at the bottom of the knit outer layer. The back of the garment extends straight across from side seam to side seam. In accordance with the General Rules of Interpretation 3(b), the knit openwork outer layer provides the essential character to the garment..

You have indicated that the outer layer of the 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, as well as an examination of the submitted garment, the fabric is made up of separate yarns of nylon and metallic. As such, the garment is considered to be in chief weight of “man-made fibers.”

The applicable subheading for style NO32197 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops. The rate of duty will be 28.9 percent ad valorem.

Style NO32197 falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong 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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