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NY L85287

June 23, 2005

CLA-2-61:RR:NC:TA:359 L85287


TARIFF NO.: 6110.19.0030; 6110.90.9030

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s knit garments from China

Dear Ms. Fox:

In your letter dated May 27, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

Two garments were submitted, identified as styles N1BG220198 and N1BL120038. Along with the samples you provided fiber content analysis from an independent commercial laboratory. Your samples will be returned as you have requested.

Style N1BG220198 is a woman’s long sleeve knit sweater. The garment features a full front opening with three buttons on the placket; a shawl collar, and fold over cuffs. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction in which the stitches were formed. Five yarns are used to form the fabric. Yarn #1 contains 100% wool. Yarn #2 contains 64.9% polyester and 35.1% metallic. Yarn #3 contains 100% silk. Yarn #4 contains 100% rayon. Yarn #5 contains 64.6% rayon and 36.4% metallic. The relative weight by percentage of each of the yarns is: yarn #1 is 91.8% of the overall weight: yarn #2 is 7.8% of the overall weight; yarn #3 is .2% of the overall weight; yarn #4 is .1% of the overall weight; yarn #5 is .1% of the overall weight. The overall fiber content of the garment is 91.8% wool, 5.1% polyester, 2.8% metallic, .2% silk and .1% rayon.

Style N1BL20038 is a woman’s long sleeve sweater with a detachable faux fur collar. The garment features a deep plunging neckline, a front opening with two buttons, two small front pockets, a cut away rounded front bottom, and a non-functional back belt which extends only from side seam to side seam. The faux fur collar and the sweater of style N1BL120038 are considered composite goods. The essential character is given by the sweater, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), General Rules of Interpretation (GRI) Rule 3, noted.

Style N1BL20038 is made of a five ply single yarn. Three of the plies are 100% polyester, one is 100% acrylic and the last is 100% metalized fiber. The overall fiber content of the garment is 64.3% acrylic, 30.5% polyester and 5.2% metallic.

For purposes of U.S. Customs and Border Protection 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 the metal, but on the weight of all yarns that contain metal. Therefore, according to the information received, style N1BL120038 is in chief weight of metalized yarn.

The applicable subheading for style N1BG220198 will be 6110.19.0030, HTSUSA, which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of wool or fine animal hair: Other: Sweaters: Women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for style N1BL120038 will be 6110.90.9030, HTSUSA, which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Sweaters for women or girls’: Subject to man-made fiber restraints. The duty rate will be 6 percent ad valorem.

Style N1BG220198 falls within textile category designation 446. Style N1BL120038 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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