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NY L84205




May 12, 2005

CLA-2-61:RR:NC:TA:359 L84205

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6117.10.2030

Ms. Bernadette Purcell
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of a woman’s knit pullover and a woman’s knit caplet/shawl from Hong Kong

Dear Ms. Purcell:

In your letter dated April 19, 2005, you requested a classification ruling. As requested, your samples are being returned to you.

Style A54391 is comprised of two women’s garments. Both garments are constructed from 50% wool, 50% acrylic knit fabric. The first garment of style A54391 is a pullover that features a round neckline and long sleeves. The outer surface of the fabric of the pullover measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The second garment of style A54391 is woman’s caplet/shawl that is worn over the shoulders. It does not cover the elbows and does not reach the waist. It features a partial opening at the neck that has four button closures.

The applicable subheading for the pullover of style A54391 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for the caplet/shawl of style A54391 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: of man[made fibers: other. The duty rate will be 11.3% ad valorem.

We note that both garments of style A54391 have a fiber content that is a 50/50 blend. Section XI, Note (2)A, HTS, states:

When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

Therefore, since these garments are both a blend of 50% wool, 50% acrylic, the garments will be classified under the provisions that occur last – that is, man-made fibers.

You have indicated in your letter that the fabric is a blend of 50% wool/50% acrylic. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by U.S. Customs and Border Protection to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

The pullover of style A54391 falls within textile category designation 639. The caplet of style A54391 falls within textile category designation 659. 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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