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NY N011301





June 8, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. Taniguchi
Nordstrom, Inc.
1617 Sixth Avenue, Suite 1000
Seattle, Wa. 98101-1742

RE: The tariff classification of woman’s knit top from Hong Kong

Dear Mr. Taniguchi:

In your letter dated May 11, 2007, you requested a classification ruling.

Style HL 127662 is a woman’s top that is constructed from 74 percent cotton, 13 percent wool and 13 percent metallic knit fabric. The sleeveless garment is knitted with a single 3-ply yarn twisted with metallic. The garment extends below the waist. The garment features a square neckline in front, adjustable shoulder straps, 5 non-functional buttons on the front panel and a ribbed bottom. The upper back of the garment extends straight across from side seam to side seam, exposing the upper half of the back.

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.

We are returning your sample as you requested.

The applicable subheading for style HL127662 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of other textile materials: Other: Tops. The duty rate will be 5.6% 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/.

Style HL127662 falls in category 838. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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