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NY H83974




August 7, 2001

CLA-2-61:RR:NC:WA:359 H83974

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law
245 Park Avenue - 32nd Floor
New York,NY 10167-3397

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

Dear Mr. Evan:

In your letter dated July 16, 2001, 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 96F2091 is a woman’s knit halter top with an overall fiber content, according to your submission, of 36% lambswool, 32% angora rabbit hair, 20% nylon, 7% polyester and 5% metallic. The halter-top has a turtleneck with snaps at the back; a self-fabric cord belt; and a self-start bottom.

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.” You indicated that all of the fibers are twisted together to form a single yarn. An examination of the submitted sample supports this claim. Therefore, the garment is considered to be in chief weight of “other fibers.”

The applicable subheading for style 96F2091 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 96F2091 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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