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NY M85367

August 09, 2006

CLA-2-61:RR:NC:TA:359 M85367


TARIFF NO.: 6110.20.2079

Ms. Jean Gong
McNaughton Apparel Group, Inc.
498 Seventh Ave., 9th Floor
New York, NY 10018

RE: The tariff classification of three women’s garments from China

Dear Ms. Gong:

In your letter dated July 31, 2006, on behalf of Norton, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted three samples of women’s knit garments. You state that the fiber content of each garment is 53% cotton, 33% rayon, 9% polyester, 5% metallic. The outer surface of these garments measures more than 9 stitches and less than 18 stitches per 2 centimeters in the direction the stitches were formed. Style GWPU72 is a sleeveless pullover with a round neckline and self-start bottom. A decorative stitch pattern is on the upper front.

Style GWP2TA is a cardigan with a round neckline, long sleeves, a full front opening with 7 button closures, and a self-start bottom. A decorative stitch pattern is on the sleeve openings and the bottom front panels.

Style JF62V6 is a sleeveless pullover with a U-neckline and a self-start bottom.

The capping component of each garment is not knit to shape and does not meet the requirements of Chapter 61, Note 6 of the 2006 Harmonized Tariff Schedule of the United States (HTSUS).

You included a lab test report with this letter. The report states that the fabric of these styles is composed of two yarns. The first yarn has two plies and is composed wholly of 61.2% cotton, 38.8% rayon. The second yarn is composed of 61.7% polyester, 38.3% metallic with one-ply 100% polyester and one-ply metallic yarn. The relative weight by percentage of the first yarn is 85.9%; and the second yarn, 14.1%. The overall fiber content of these garments is 52.6% cotton, 33.3% rayon, 8.7% polyester and 5.4% 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 three garments will be 6110.20.2079, (HTSUS), which provides for sweaters, pulloversand similar articles, knitted: of cotton: otherother: women’s: other. The rate of duty will be 16.5% ad valorem.

The three garments fall 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.


Robert B. Swierupski

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