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NY M80612

March 23, 2006

CLA-2-61:RR:NC:WA:361 NY M80612


TARIFF NO.: 6109.90.1065

Ms. Irene Chan
T.H. Kelly Int’l Inc.
813 W. Arbor Vitae St. 2nd Floor
Inglewood, CA 90301

RE: The tariff classification of a woman’s tank top from Hong Kong.

Dear Ms. Chan:

In your letter dated February 16, 2006, you requested a classification ruling for a woman’s knit garment on behalf of Milili Corp. The submitted sample will be returned to you, as requested.

Style 8665 is a woman’s tank top. The garment has a U-shaped neckline in front and back, shoulder straps that measure approximately 1-½ inches at the top, and a self-finished bottom. You have provided the following information concerning the fiber content of the garment. The garment is knit from three separate yarns, as follows: Yarn 1: 100% rayon
Yarn 2: 100% nylon
Yarn 3: metallic (37% metallic, 63% polyester) The overall fiber content of the garment is 57% rayon, 24 percent nylon, 19 percent 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 other man-made fiber yarns, thus the garment is considered to be in chief weight of man-made fibers.

The applicable subheading for style 8665 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tank tops, knitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 32% 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 8665 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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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