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NY M85683




August 23, 2006

CLA-2-61:RR:NC:TA: 359 M85683

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Melissa Fox
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a women’s pullover from Hong Kong

Dear Ms. Fox:

In your letter dated August 2, 2006, you requested a classification ruling on behalf of Jones Apparel Group.

A garment identified as style DLAN175698 was submitted and will be returned as you have requested. The garment features long sleeves, with buttoned sleeve ends, a pointed collar and a partial front placket having a six button closure. The outer surface of the garment measure more than 9 stitches per 2 centimeters in the direction in which the stitches were formed.

You stated the overall fiber content of the garment to be 60.4% cotton, 28.7% nylon, 8.2% metallic and 2.7% spandex. This fiber content was further broken out by the fiber content of each of the three yarns that make up the knit fabric of the garment. Yarn #1 is a 2 ply yarn, each ply containing 100% cotton. The fiber content of yarn #1 is 100% cotton. Yarn #2 is a two ply yarn, made of one ply of 100% nylon, the other ply of 100% metalized yarn. The fiber content of yarn #2 is 63.6% nylon and 36.4% metallic. Yarn #3 is a one ply yarn made of 100% nylon with 100% spandex inserted. The fiber content of yarn #3 is 84.2% nylon and 15.8% spandex. The relative weight by percentage of each of the yarns that make up the fabric is 60.4% by weight for yarn #1, 22.5% by weight for yarn #2 and 17.1% by weight for yarn #3.

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.

In your letter you stated that the garment is not constructed to be eligible for classification according to statistical note 6 to Chapter 61.

The applicable subheading for the pullover will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers and similar articles,: knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls: Other. The duty rate will be 16.5% 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 pullover falls 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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