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NY L81967

May 6, 2005

CLA-2-61:RR:NC:TA:359 L81967


TARIFF NO.: 6110.90.9030

Ms. Sol Manrique
Marisa Christina
1410 Broadway, 20th Floor
New York, NY 10018

RE: The tariff classification of a woman’s sweater from Hong Kong

Dear Ms. Manrique:

In your letter dated January 27, 2005, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number M6784, is a woman’s sweater. You state that the fiber content is 40% acrylic, 28% nylon, 14% wool, 16% metallic, 2% lycra. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The garment features a ribbed cowl collar with decorative beads, and long sleeves.

In order to classify your garment we have submitted it to the U.S. Customs and Border Protection laboratory at Newark, New Jersey for analysis of the fiber content and the yarn structure. The laboratory has reported that the fabric of the sweater is composed of a five-ply metallic novelty yarn with loose staple acrylic/wool fibers (59.3% by weight), a two-ply metallic yarn (19.5% by weight) a two-ply elastic yarn (6.7% by weight), and a nylon monofilament yarn (14.5% by weight). The five-ply yarn is composed of 70.5% acrylic, and 29.5% wool. The two-ply metallic yarn is composed of a ply of nylon filament (58.1%) and a one-ply mylar type metallic yarn (41.9%). The two-ply elastic yarn is composed of a ply of nylon filament (78.0%) and a ply of elastomeric yarn (22.0%). The monofilament yarn is wholly of nylon. The overall fiber content is 41.8% staple acrylic, 17.5% staple wool, 31.6% filament nylon, 7.6% mylar type metallic yarn, and 1.5% elastomeric yarn.

For purposes of U.S. Custom’s classification, any yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. Therefore, according to the information received, this garment is in chief weight of metalized yarn.

The applicable subheading for the sweater will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women or girls: subject to man-made fiber restraints. The rate of duty will be 6% ad valorem.

The sweater falls within textile category designation 646. 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. 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 Camille R. Ferraro at 646-733-3049.


Robert B. Swierupski

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