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NY K84775




September 27, 2004

CLA-2-61:RR:NC:TA:359 K84775

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030; 6110.90.9078; 6110.30.3055

Ms. Melissa Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of three women’s knit garments from Taiwan and one woman’s knit garment from Hong Kong

Dear Ms. Fox:

In your letter dated April 7, 2004, on behalf of Jones Apparel Group, you requested a tariff classification ruling. You submitted four samples that were sent to our U.S. Customs and Border Protection laboratory for analysis of the fiber content and the yarn structure. Your samples will be returned as requested.

Style number 121E4A1728, is a woman’s knit sweater that features a round neckline, ¾ inch tubular hemmed sleeves, a jersey knit lining, and a tubular hemmed bottom. The garment is constructed from an openwork pattered fabric with a jersey knit lining. You state that the fiber content is 74% rayon, 17% polyester, and 9% metallic. The country of origin is Taiwan.

The laboratory has reported that the fabric of style 121E4A1728, the sweater, is composed of a 4-ply yarn. The 4-ply yarn is composed of a 2-ply black (metalized mylar type strip) and copper (polyester) yarn twisted together to a 2-ply dark brown (rayon) yarn. The overall fiber content 73.6% rayon, 17.3% polyester, 9.1% metalized (mylar type) strip. The metalized strip has an apparent width of less than 5MM.

Style number 221G90178 is a woman’s sleeveless knit pullover that features a ribbed mock collar and a tubular hemmed bottom. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment is constructed from jersey knit fabric. You state that the fiber content is 52% rayon, 27% nylon, 14% polyester, and 7% metallic. The country of origin is Hong Kong.

The laboratory has reported that the fabric of style 221G90178, the pullover, is composed of a 6-ply yarn. The 6-ply yarn is composed of a 2-ply dark shiny brown (metalized nylar type strip) and light brown (polyester) yarn twisted together to a 4-ply tan (rayon) and orange (nylon) yarn. The overall fiber content is 50.9% rayon, 26.8% nylon, 14.4% polyester, 7.9% metalized (mylar type) strip. The metalized strip has an apparent width of less than 5MM. Please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal.

Style number 121E11688 is a woman’s cardigan that features a round neckline, long tubular hemmed sleeves, a full front opening with 7 button closures, and a tubular hemmed bottom. The outer surface of the cardigan measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment is constructed from a jacquard double knit fabric. You state that the fiber content is 50% rayon, 40% nylon, 6% polyester and 4% other fibers. The country of origin is Taiwan.

Style number 121E11698 is a woman’s sleeveless pullover the features a round neckline and a tubular hemmed bottom. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment is constructed from a jacquard double knit fabric. You state that the fiber content is 50% rayon, 40% nylon, 6% polyester and 4% other fibers. The country of origin is Taiwan.

The laboratory has reported that the fabric of style 121E11688 (the cardigan), and style 121E11698 (the pullover), is composed of a nylon yarn with rayon pile (53.2% by weight) and a 6-ply metalized yarn (46.8% by weight). The pile yarn is composed of 56.2% rayon cut pile and 43.8% nylon yarn. The 6-ply metalized yarn consists of 1-ply rayon yarn twisted with 1-ply nylon yarn to make a 2-ply yarn, which is twisted with another 2-ply (composed of 1-ply rayon and 1-ply nylon) yarn to make a 4-ply yarn. The 4-ply yarn is then twisted with 2-ply (composed of 1-ply polyester and 1-ply metallic) yarn to make a 6-ply metalized yarn. The composition by weight of the 6-ply yarn is 44.5% rayon, 35.5% nylon, 12.7% polyester, 7.3% metallic yarn. The composition by weight of the 4-ply yarn is 55.6% rayon, 44.4% nylon. The composition by weight of the 2-ply yarn is 63.6% polyester, 36.4% metallic. The overall fiber content is 50.7% rayon, 39.9% nylon, 6.0% polyester, 3.4% metallic. Please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal.

The applicable subheading for style 121E41728, the sweater, will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: sweaters for women: subject to man made fiber restraints. The rate of duty will be 6% ad valorem.

The HTS subheading for style 221G90178, the pullover, and style 121E11698, the pullover, will be 6110.90.9078, which provides for pullovers, knitted: of other textile materials: other: subject to man made fiber restraints: women’s. The rate of duty will be 6% ad valorem.

The HTS subheading for style 121E11688, the cardigan, will be 6110.30.3055, which provides for sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Style 121E41728 falls within textile category designation 646; style 221G90178 and 121E11698, in category 639; style 121E11688, in category 639. Based upon international textile trade agreements products of Taiwan 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.cbp.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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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