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NY L86638




August 24, 2005

CLA-2-61:RR:NC:TA:359 L86638

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Jean Gong
McNaughton Apparel Group, Inc.
Norton McNorton of Squire, Inc.
498 Seventh Ave. 9th flr.
New York, NY 10018

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

Dear Ms. Gong:

In your letter dated August 1, 2005, you requested a classification ruling on behalf of Norton.

A garment was submitted, identified as style CHUD66. Along with the sample you provided fiber content analysis from an independent commercial laboratory. Your sample will be returned as you have requested.

Style CHUD66 is a woman’s long sleeve knit cardigan. The garment features a mock turtleneck and raglan sleeves. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction in which the stitches were formed. Two yarns are used to form the fabric. Yarn #1 is a 2-ply yarn: each ply is made of a mixture of 60.1% cotton and 39.9% acrylic fiber . Yarn #2 is a 2-ply yarn: the first ply is made of 100% acrylic; the second ply is made of 100% metallic. The relative weight of each yarn that comprises the fabric is 87.1% for yarn #1, and 12.9% for yarn #2. The overall fiber content of the garment is 52.4% cotton, 34.8% acrylic, 8% nylon, and 4.8% 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 CHUD66 will be 6110.20.2075, HTSUSA, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’. The duty rate will be 16.5% ad valorem.

Style CHUD66 falls within textile category designation 339. 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.

Sincerely,

Robert B. Swierupski
Director,

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