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NY L82532




March 10, 2005

CLA-2-61:RR:NC:TA:359 L82532

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.30.3020

Ms. Melissa Fox
Barthco Trade Consultants
5101 South Broad Street
Philadelphia, PA 19112

RE: The tariff classification of two women’s garments from Hong Kong

Dear Ms. Fox:

In your letter dated February 11, 2005, on behalf of Jones Apparel Group, you requested a tariff classification ruling. You submitted two samples that are being returned as requested.

Style 61BM2188B8, is a woman’s sleeveless cross-over, V-neck, knit pullover with drawstrings in the shoulder areas. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 51% rayon, 28% nylon, 14% polyester, 7% metallic.

Style 7FHL11708, is a woman’s sleeveless knit sweater that features a V-front and back , and shoulder straps. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 71% rayon, 19% polyester, 10% metallic.

You included a metallic lab test with this letter that reports that the fabric of the pullover is composed of two yarns. The first yarn (64.8% rayon, 35.2% nylon) has two plies, each of 64.8% rayon, 35.2% nylon. The second yarn (64.8% polyester, 35.2% metallic) has two plies; one 100% polyester and one metalized. The relative weight by percentage of yarn one is 79.1%; yarn two, 20.9%. The overall fiber content of the garment is 51.2% rayon, 27.9% nylon, 13.6% polyester, 7.3% metallic. The lab reports that the fabric of the sweater is composed of two yarns. The first yarn has one-ply of 100% rayon. The second yarn (64.3% polyester, 35.7% metallic) has two plies; one-ply 100% polyester, and one-ply metallic. The relative weight by percentage of the first yarn is 71.4% and the second yarn is 28.6%. The overall fiber content is 71.4% rayon, 18.4% polyester, 10.2% 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 the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The HTS subheading for the sweater will be 6110.30.3020, which provides for sweaters, knitted: of man-made fibers: other: women’s. The rate of duty will be 32% ad valorem.

The pullover falls within textile category designation 639; the sweater, in category 646. 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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