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NY H82502




July 20, 2001

CLA-2-61:RR:NC:WA:359 H82502

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.51.0010

Ms. Esta Knipper
Import Representative
UTC Overseas, Inc.
55 Inip Drive
Inwood, NY 11096

RE: The classification of a woman’s skirt from China and Hong Kong.

Dear Ms. Knipper:

In your letter received on June 15, 2001, with additional information provided on June 25, 2001, you requested a classification ruling for a woman’s skirt on behalf of Magaschoni Apparel Group. The sample is being returned, as you requested.

Style I623702 is a woman’s skirt constructed from 95% wool, 5% metallic woven fabric. The skirt has a flat waistband; back zipper; back kick pleat; and hemmed bottom. 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 submissions, and an examination of the submitted sample, the garment is constructed using two separate yarns. One yarn is composed of 100% wool fibers; the second yarn is a metallic yarn, composed of a metalized component and polyamide. The wool is 95% of the overall weight of the fabric; the metallic (metallic and polyamide) is 5% of the fabric. Since the weight of the wool is greater than that of the metallic (other), the garment is considered to be in chief weight of wool.

The applicable subheading for style I623702 will be 6204.51.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sskirts: of wool or fine animal hair. The rate of duty will be 14.9 percent ad valorem.

Style I623702 falls within textile category designation 442. Based upon international textile trade agreements products of China and 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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