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NY K86515




July 2, 2004
CLA-2-61:RR:NC:WA:361 NY K86515

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Ms. Janice Sarmiento
McNaughton Apparel Group, Inc.
498 Seventh Avenue, 9th Floor
New York, NY 10018

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

Dear Ms. Sarmiento:

In your letter dated June 3, 2004, you requested a tariff classification ruling.

The submitted sample, Style #6FDMKJ, is a woman’s tank top. Based on your lab report, the garment is constructed from 64.2% acrylic, 31.5% nylon, 2.8% polyester, and 1.5% metallic knit fabric. The garment is sleeveless, extends below the waistline and features a square neckline in the front and back, shoulder straps measuring approximately 2” in width, and a self-start bottom. The tank top also has decorative beads extending across the front of the garment at the chest area.

You have provided a laboratory report indicating that the overall fiber content of the garment is 64.2% acrylic, 31.5% nylon, 2.8% polyester and 1.5% metallic. The garment is made up of two separate yarns, one containing acrylic, nylon and polyester; the other containing metallic and nylon. Because the garment is constructed from yarns that include metallic fibers, 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 the information you provided, the metallic and nylon yarn does not exceed the weight of the other man-made fiber yarns, thus the garment is considered to be made in chief weight of man-made fibers.

We are returning your sample as you requested.

The applicable subheading for Style 6FDMKJ will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, of man-made fibers, women’s or girls’, tank tops and singlets, women’s. The rate of duty will be 32% ad valorem.

Style 6FDMKJ falls within textile category designation 639. Based upon international textile trade agreements this category from Hong Kong is subject to quota restraints and visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our 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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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