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NY L86126

August 10, 2005

CLA-2-61:RR:NC:TA:359 L86126


TARIFF NO.: 6110.90.9078

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

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

Dear Ms. Fox:

In your letter dated July 12, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

A garment was submitted, identified as style N1BV421088. Along with the sample you provided fiber content analysis from an independent commercial laboratory. Your sample will be returned as you have requested.

Style N1BV421088 is a woman’s long sleeved knit pullover. The garment features a deep v-shaped crossover neckline. The outer surface of the fabric measures more than 9 stitches per 2 centimeters measured in the direction in which the stitches were formed. Six yarns are used to form the fabric. All have identical construction and fiber content. All the yarns are two ply yarns consisting of one ply of 100% polyester and the other ply is metallic. The fiber content of the yarns was expressed in the laboratory report as 100% polyester with metallic. The overall fiber content of the garment is 64.9% polyester, and 35.1% 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. In this instance, all of the yarns contain metal and therefore, all the yarns are considered metalized.

The applicable subheading for style N1BV421088 will be 6110.90.9078, Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Other: Subject to man-made fiber restraints: Women’s or girls’. The duty rate will be 6 percent ad valorem.

Style N1BV421088 falls 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. 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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