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NY G84892




January 24, 2001

CLA-2-61:RR:NC:TA:361 G84892

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law
245 Park Avenue, 33rd Floor
New York, NY 10167-3387

RE: The tariff classification of a woman’s knit tops from Hong Kong.

Dear Mr. Evan:

In your letter dated November 27, 2000, you requested a classification ruling for a woman’s knit top on behalf of Mast Industries, Inc. The sample is being returned, as you requested.

Style 96S1789 is a woman’s top constructed from 85% cotton, 10% polyester and 5% metallic knit fabric. The top has a turtleneck; ¼ inch shoulder straps that extend from the top of the shoulders to the center of the back; and a plain self start bottom. The garment leaves the upper portion of the back exposed.

The yarn used to knit the top is created by twisting one ply of polyester filament with one ply of metallic, then twisting the metalized yarn with two plies of cotton. The resulting single yarn is then knit into the fabric of the garment.

Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based on the information you provided, the garment is constructed using a single yarn that includes metallic fibers. As such, the garment is considered to be of “other fibers.”

The applicable subheading for style 96S1789 will be 6114.90.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of other textile materials: Other: Tops. The duty rate will be 5.7 percent ad valorem.

Style 96S1789 falls within textile category designation 838. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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