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NY M80351

March 3, 2006

CLA-2-61:RR:NC:TA:359 M80351


TARIFF NO.: 6110.30.3059

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 pullover from Hong Kong

Dear Ms. Fox:

In your letter dated February 10. 2006, on behalf of Jones Apparel Group, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number WDTB32548, is a woman’s knit sleeveless pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The pullover features a round neckline and a tubular hemmed bottom. You state that the fiber content is 83% rayon, 11% polyester, 6% metallic. You also state that the garment does not meet the requirements of Chapter 61, Note 6 of the 2006 Harmonized Tariff Schedule of the United States (HTSUS).

You included a metallic lab test with this letter. The lab reports that the fabric of style WDTB32548 is composed of three yarns. The first yarn is composed wholly of 100% rayon. The second yarn is composed wholly of 100% rayon. The third yarn is composed of 64.2% polyester, 35.8% metallic with one-ply 100% polyester and one-ply metallic. The relative weight by percentage of the first yarn is 41.4%; the second yarn, 41.3%; and the third yarn, 17.3%. The overall fiber content of the garment is 82.7% rayon, 11.1% polyester, and 6.2% metallic.

Please note that a yarn that contains any amount of metal is regarded in its entirety as “metallized yarn” for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal.

The applicable subheading for the pullover will be 6110.30.3059, (HTSUS), which provides for pullovers, knitted: of manmade fibers: otherother: women’s: other. The rate of duty will be 32% ad valorem.

The pullover 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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