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NY L84232





May 18, 2005

CLA-2-61:RR:NC:TA:359 L84232

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030

Ms. Jean Gong
McNaughton Apparel Group, Inc.
498 Seventh Ave., 9th flr.
New York, NY 10018

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

Dear Ms. Gong:

In your letter dated April 25, 2005, you requested a classification ruling on behalf of Norton McNaughton Squire, Inc.

A sample of a woman’s upper body garment was submitted, identified as style BL9SQJ. The garment is a cardigan styled sweater featuring long sleeves, a full front opening secured with a button, a deep v-neckline, and matching yarn fringe edging the entire neckline and front opening. The sample will be returned as you have requested.

The fabric of the garment is knit of boucle yarn, measuring less than 9 stitches per two centimeters in the direction in which the stitches were formed. The fiber content and construction of the fabric is detailed in a laboratory report, which you submitted. The fabric is knit of three yarns, which are twisted together prior to the knitting process. The first and second yarns are each made of 62.7% polyester and 37.3% metallic. The third yarn is made of 68% acrylic, 27.7% polyester and 4.3% metallic. The overall fiber content is 63.7% acrylic, 29.8% polyester and 6.5% 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. In this instance, all the yarns contain some metal and are all considered to be completely made of metal for purposes of classification.

The applicable subheading for style BL9SQJ will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials, Other: Sweaters for women or girls’” subject to man-made fiber restraints. The duty rate will be 6 percent ad valorem.

Style BL9SQJ falls within textile category designation 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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