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NY H80994




May 25, 2001

CLA-2-61:RR:NC:WA:359 H80994

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Mr. James J. Kelly
Atty in Fact
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The classification of a woman’s pullover from Hong Kong.

Dear Mr. Kelly:

In your letter dated May 8, 2001, you requested a classification ruling for a woman’s knit pullover on behalf of Jones Apparel Group. The sample is being returned, as you requested.

Style 11B84388 is a woman’s pullover constructed from 70% rayon, 30% metallic knit fabric with more than nine stitches per two centimeters. The sleeveless pullover has ½ inch shoulder straps; a U-shaped neckline in front and back; and a rib knit waistband.

You have indicated that the submitted garment is constructed from yarns that include metallic fibers. For this reason, 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 your laboratory report, and an examination of the submitted sample, the garment is constructed using two separate yarns. One yarn is composed of 100% rayon fibers; the second yarn is composed of 64.6% polyester, 35.4% metallic fibers. The rayon yarn is 66.1% of the overall weight of the fabric; the metallic (metallic and polyester) is 33.9% of the fabric. Since the weight of the rayon (a man-made fiber) is greater than that of the metallic (other), the garment is considered to be in chief weight of man-made fibers.

The applicable subheading for style 11B84388 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversknitted or crocheted: Of man-made fibers, women’s or girls’. The rate of duty will be 32.7 percent ad valorem.

Style 11B84388 falls within textile category designation 639. 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 Michael Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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