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NY L85477

June 24, 2005

CLA-2-61:RR:NC:TA:359 L85477


TARIFF NO.: 6110.90.9090

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

RE: The tariff classification of a woman’s knit garment from China

Dear Ms. Fox:

In your letter dated June 3, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

A garment was submitted, identified as style 1894. It is a woman’s tie front long sleeved knit cardigan. The plunging neckline and front placket is trimmed with raschel knit net fabric, which is beaded and embroidered with fabric flowers for a decorative effect. The outer surface of the fabric of the body of the garment measures more than 9 stitches per 2 centimeters in the direction in which the stitches were formed. Along with the sample you provided fiber content analysis from an independent commercial laboratory. Your sample will be returned as you have requested.

Three two-ply yarns are used to form the fabric. Yarn #1 contains 70.2% silk and 29.8% rayon. Yarn #2 also contains 70.2% silk and 29.8% rayon. Yarn #3 contains 65.3% polyester and 34.7% metallic. The relative weight by percentage of each of the yarns is: yarn #1 is 41.5% of the overall weight: yarn #2 is 41.5% of the overall weight; yarn #3 is 17% of the overall weight. The overall fiber content of the garment is 58.3% silk, 24.7% rayon, 11.1% polyester and 5.9% 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. The applicable subheading for style 1894 will be 6110.90.9090, HTSUSA, which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Other: Other: Women’s or girls’. The duty rate will be 6 percent ad valorem.

Style 1894 falls within textile category designation 838. 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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