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NY H81679




July 23, 2001

CLA-2-61:RR:NC:WA:359 H81679

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Ms. Lavinia Chan
J. Crew Group, Inc.
Corporate Customs Specialist
770 Broadway
New York, NY 10003

RE: The classification of a woman’s top from Thailand.

Dear Ms. Chan:

In your letter dated May 8, 2001, you requested a classification ruling for a woman’s knit top. The sample is being returned, as you requested.

Style 51092 is a woman’s knit top with an overall fiber content, according to our laboratory analysis, of 37.9% wool, 32.3% acrylic, 23.4% nylon, 4.1% polyester, and 2.3% metallic (mylar type). The top is similar to a halter in design, except that the neckline contains a cowl collar. The bottom of the garment is finished with a rib knit waistband.

As noted above, 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 is considered an “other fiber.” Based on our laboratory report, the garment is constructed using a single yarn. The yarn is composed of the above noted fibers, plied then twisted together. Therefore, the garment is considered to be in chief weight of “other fibers.” The applicable subheading for style 51092 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: Tops. The rate of duty will be 5.7 percent ad valorem.

Style 51092 falls within textile category designation 838. Based upon international textile trade agreements products of Thailand 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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