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NY L81948




February 16, 2005

CLA-2-62:RR:NC:N3:361 L81948

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6110.30.3055

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

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

Dear Ms. Fox:

In your letter dated January 18, 2005, you requested a tariff classification ruling on behalf of Jones Apparel Group. The submitted samples will be returned to you as requested.

Style 61BLM18858 is a woman’s tank top constructed from 51% rayon, 28% nylon, 14% polyester and 7% metallic knit fabric. The tank top has 1-½ inch shoulder straps, a U-shaped neckline in front and back, and a self finished bottom.

Style 61BLM18868 is a woman’s sleeveless pullover constructed from the same fabric. The pullover has a V-shaped neckline in front, and a self finished bottom.

You have provided a laboratory report on the structure of the yarns used in the garment. The garment is made up of two separate yarns, one containing rayon and nylon fibers; the other containing metallic and polyester. Because the garment is constructed from yarns that include metallic fibers, 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 metallic and polyester yarn makes up 21.4% of the fabric, while the rayon and nylon yarn makes up 78%. Therefore, the man-made fibers in the aggregate exceed the metallic yarn, thus the garments are considered to be in chief weight of man-made fibers.

The applicable subheading for style 61BLM18858 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for tank tops and similar garments, knitted or crocheted: Of man-made fibers: Women’s. The rate of duty will be 32 percent ad valorem.

The applicable subheading for style 61BLM18868 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The rate of duty will be 32 percent ad valorem.

Both styles fall within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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