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NY M85985




September 5, 2006

CLA-2-61:RR:NC:TA:359 M85985

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Mr. Jim McDermott
Jones Apparel Group
250 Rittenhouse Circle
Bristol, PA 19007

RE: The tariff classification of a woman’s pullover from Hong Kong. Correction to NY ruling M85135.

Dear Mr. McDermott:

This letter replaces NY ruling M85135 that was issued to you on August 1, 2006 which contained an error in classification due to an incorrect stitch count of the fabric of style C21F80738. You stated in a telephone conversation with this office on August 30, 2006 that the garment as presented is not knit to shape. A complete corrected ruling follows.

In your letter dated July 18, 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 C21F80738, is a woman’s 1x1 rib knit pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The garment features a cowl neck collar, and long sleeves. The collar, sleeve openings, and the bottom have a scalloped finish. You state that the fiber content is 72% rayon, 15% nylon, 7% acrylic, 6% other fibers.

You included a metallic lab test with this letter. The lab reports that the fabric of this style is composed of four yarns. The first yarn has two plies and is composed wholly of 65% rayon, 35% nylon. The second yarn has two plies and is composed wholly of 100% rayon. The third yarn is composed of 64.8% rayon, 35.2% acrylic with one-ply 100% rayon and one-ply 60.5% acrylic, 39.5% rayon. The fourth yarn is composed 65.5% polyester, 34.5% metallic with one-ply 100% polyester and one-ply metallized yarn.

The relative weight by percentage of the first yarn is 41.7%; the second yarn, 32.9%; the third yarn, 18.5%; and the fourth yarn, 6.9%. The overall fiber content of the garment is 72% rayon, 14.6% nylon, 6.5% acrylic, 4.5% polyester, and 2.4% 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 pullover will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS) which provides for pullovers, knitted: of manmade fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The pullover falls within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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