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NY M86881

September 28, 2006

CLA-2-61:RR:NC:N3:359 M86881


TARIFF NO.: 6110.20.2020; 6110.30.3059

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

RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6

Dear Ms. Fox:

This replaces NY Ruling M85394, dated August 14, 2006. In a letter to our office you stated that the stitch count of the garment as stated was incorrect. The correct stitch count measures less than 9 stitches per 2 centimeters measured in the direction in which the stitches were formed. A complete corrected ruling, with the appropriate change in stitch count, follows.

In your letter dated July 31, 2006, you requested a classification ruling on behalf of Jones Apparel Group.

Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision(s) that apply.

Style Number: E21H31348
Garment Description: sleeveless scoop neck pullover; 55% rayon, 28% acrylic, 11% polyester, 6% metallic knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than or equal to 18 Component Construction: neck and armhole capping is not knit to shape HTSUS Number: 6110.30.3059
Textile Category Number: 639

Style Number: ELAT15528
Garment Description: long sleeved, cowl neck pullover made of 47% cotton, 26% rayon, 13% angora rabbit, 9% polyester, 5% metallic knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: less than 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: not applicable Component Construction: not applicable
HTSUS Number: 6110.20.2020
Textile Category Number: 345

Style Number: E21D11048
Garment Description: v-neck, cap sleeved pullover made of 57% rayon, 31% nylon, 8% polyester, 4% metallic knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than or equal to 18 Component Construction: the neckline facing component is sewn to the body panels on the interior seam for the entire perimeter of the neckline HTSUS Number: 6110.30.3059
Textile Category Number: 639

We note that all three samples are assembled from knit fabrics that incorporate some yarns containing metallic plies. 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 garments that are the subject of this ruling contain certain percentages 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, 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.

To view the tariff language and current duty rates that correspond to these HTSUS provisions, please refer to the text of the most recent HTSUS, which is available on the World Wide Web at http://www.usitc.gov/tata/hts/.

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). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

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.


Robert B. Swierupski

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