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NY L82068




May 6, 2005

CLA-2-61:RR:NC:TA:359 L82068

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9090

Ms. Sol Manrique
Marisa Christina
1410 Broadway, 20th Floor
New York, NY 10018

RE: The tariff classification of a woman’s pullover from China

Dear Ms. Manrique:

In your letter dated January 25, 2005, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number AH5KL-297, is a woman’s sleeveless pullover. You state that the fiber content is 32% silk, 41% lurex, 27% nylon. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a U-neckline with decorative pearl-like beads and sequins.

In order to classify your garment we have submitted it to the U.S. Customs and Border Protection laboratory at Newark, New Jersey for analysis of the fiber content and the yarn structure. The laboratory has reported that the fabric of the pullover is composed of a two-ply silk yarn (49.8% by weight), a one-ply nylon yarn (29.6% by weight), and a two-ply metalized yarn (20.6% by weight). The two-ply metalized yarn is composed of one-ply metalized mylar type yarn (62.4%) and one-ply nylon yarn (37.6%). The metalized (mylar type) yarn has an apparent width of less than 5MM. The overall fiber content is 49.7% silk, 37.4% nylon, and 12.9% metalized (mylar type).

The applicable subheading for the pullover will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: otherother: women’s. The rate of duty will be 6% ad valorem.

The pullover falls within textile category designation 838. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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