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NY J85674




September 10, 2003

CLA-2-61:RR:NC:WA:361 NY J85674

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9010

Mr. Garth Pauley
Limited Logistics Services
Four Limited Parkway
Reynoldsburg, OH 43068-5300

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

Dear Mr. Pauley:

In your letter dated June 6, 2003, you requested a classification ruling for a woman’s top. This item is being returned as you requested. As noted in our correspondence of June 19, 2003, this response has been delayed due to the need for a Customs Laboratory Analysis.

Style 96H2352 is a woman’s top constructed from 64 percent wool, 24 percent nylon and 12 percent metallic fibers. The top has a turtleneck; 2 ½ inch shoulder coverage extending outward from the neck; ½ inch straps that begin at the edge of the shoulder coverage and extend to the upper edge of the back; and a rib knit bottom. Except for the back, approximately ½ of the upper back is exposed.

As noted above, the garment contains metallic fibers. According to the laboratory analysis, the garment is knit from a single yarn. When determining the chief weight of a fabric containing metallic fibers, Section XI, subheading note 2 is applicable which states, in part:

(A) Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

(B) For the purposes of the above rule:
(a) Gimped horsehair yarn (heading 5110) and metalized yarn (heading 5605) are to be treated as a single textile material the weight of which is to be taken as the aggregate of the weights of its components;

Based on the laboratory analysis, the garment is made from a single yarn containing metalized fibers, therefore the entire yarn is considered to be a metalized yarn. As such, the garment will be classified under the subheading for “other fibers.”

The applicable subheading for the top 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 duty rate will be 5.6 percent ad valorem.

The top falls within textile category designation 838. Based upon international textile trade agreements these products from Hong Kong are, at present, subject neither to quota nor 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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