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NY D84668




February 16, 1999

CLA-2-61:RR:NC:WA:361 D84668

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010

Mr. Robert T. Stack
Tompkins & Davidson, LLP
Counselors at Law
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a woman’s knit blouse from Taiwan.

Dear Mr. Stack:

In your letter dated November 10, 1998, you requested a classification ruling for a woman’s knit blouse on behalf of Federated Merchandising Group. The sample is being returned, as you requested.

Style 93432 is a woman’s knit blouse containing more than ten stitches per centimeter in both directions. The blouse shirt features a V-shaped neckline, a full front opening with right over left button closure, and long sleeves.

You have indicated that the overall fiber content of the garment is 82% rayon, 12% polyester, and 6% metallic, and that, further, the various plies of these fibers are plied together to form a single “metallized” yarn. This analysis is in accordance with Section XI, subheading note 2 which indicates: 2. (A) Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

(B) For the purposes of the above rule:
(a) Gimped horsehair yarn (heading 5110) and metalized yarn (heading 5605) are to be treated as a single textile material the weight of which is to be taken as the aggregate of the weights of its components; for the classification of woven fabrics, metal thread is to be regarded as a textile material; Therefore, if the yarn is constructed as you have stated, and following the note, the garment would be considered to have been constructed from 100% “other fiber.”

However, according to the Customs Laboratory, the garment is constructed from three separate yarns. Two of the yarns are made up of 100% rayon fibers; the third yarn, based on the above cited section note, is a “metallized” yarn made up of polyester and mylar. According to this analysis, and following the rules set forth in Section XI, subheading note 2, the garment is constructed from 82% rayon and 18% other fibers (the “metallized” yarn composed of the combination of the polyester and mylar components). Therefore, since the weight of the rayon, a man-made fiber, exceeds the weight of the “other fiber,” the garment is considered to be in chief weight of man-made fibers.

The applicable subheading for the blouse will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knit blouses of man-made fibers. The rate of duty will be 33.3 percent ad valorem.

The blouse falls within textile category designation 639. Based upon international textile trade agreements, products of Taiwan are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski

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