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NY L89590

February 8, 2006

CLA-2-61:RR:NC:WA:361 NY L89590


TARIFF NO.: 6114.20.0060

Ms. Barbara Moore
The Janel Group of NY, Inc.
150-14 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of a woman’s upper body garment from Hong Kong.

Dear Ms. Moore:

In your letter dated January 4, 2006, you requested a classification ruling for a woman’s knit garment on behalf of KBL Group International Ltd. The submitted sample will be returned to you, as requested.

Style Y62C2629 is a woman’s crocheted upper body garment constructed from cotton and lurex yarns. The garment has a full front opening, with a ribbon tie approximately two inches from the bottom, and long sleeves. The back extends approximately to the waist, but there is essentially no front coverage.

The garment is constructed from two separate yarns, as follows: Yarn 1: 100% cotton
Yarn 2: 61% polyester, 39% metallic
The overall fiber content of the garment is 96% cotton, 4% metallic.

Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based on the information you provided, the metallic and polyester yarn does not exceed the weight of the cotton yarn, thus the garment is considered to be in chief weight of cotton.

The applicable subheading for style Y62C2629 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Other: Women’s or girls’. The duty rate will be 10.8% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style Y62C2629 falls within textile category designation 359. 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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