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NY M84725




June 29, 2006

CLA-2-61:RR:NC:TA:359 M84725

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Keri Masternak
Cornerstone Consolidated Services, Group, Inc. 5568 West Chester Road
West Chester, OH 45069

RE: The tariff classification of a woman’s pullover from China

Dear Ms. Masternak:

In your letter dated June 23, 2006, you requested a classification ruling on behalf of TravelSmith Outfitters (IOS Division).

A sample of a women’s long sleeve, turtleneck pullover, identified as style 609503, was submitted and will be returned. The garment fabric is knit from three yarns. The first yarn is made of 75% silk and 25% cotton fiber. The second yarn is made of 65% polyester and 35% metallic. The third yarn is made of 89% nylon and 11% spandex. The overall fiber content is 45% silk, 16% nylon, 16% polyester, 13% cotton, 8% metallic and 2% spandex. The outer surface of the garment measures more than 9 stitches per 2 centimeters measured in the surface in which the stitches were formed.

Please note that a 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 metal, but on the actual weight of all yarns that contain metal. You have stated that the pullover which is the subject of this ruling contains a certain percentage by weight of metalized yarns. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers..and similar articles, knitted or crocheted: Of other textile materials: Other: Other: Other: Women’s or girls’. The duty rate will be 6% 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/.

The garment falls within textile category designation 838. 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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