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NY L85574




June 28, 2005

CLA-2-61:RR:NC:TA:359 L85574

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 women’s sweater from China.

Dear Ms. Gong:

In your letter dated April 28, 2005, you requested a classification ruling on behalf of Norton McNaughton of Squire, Inc.

You submitted a sample of a woman’s sweater identified as style EKCSQJ/BMGSQJ. The outer surface of the garment measures 9 or fewer stitches per 2 centimeters counted in the direction in which the stitches were formed. The garment features long sleeves, a full front opening with a one-button closure, a v-neck, and a self-yarn fringe edging the neckline and front opening. Your sample will be returned as you have requested.

You also submitted a commercial laboratory analysis of the fiber content of the garment. This analysis states that the garment is made up of three yarns: yarn #1 is 100% acrylic; yarn #2 is 100% polyester and yarn #3 is 64.8% polyester and 35.2% metallic. All three yarns are pretwisted (plied) together and then knit into the garment fabric. The overall fiber content of the garment is 55.8% polyester, 43.3% acrylic, and 0.9% 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. You have stated that the sweater, which is the subject of this ruling, contains a certain percentage by weight of metalized yarns. According to the information you supplied, the yarns are all combined with the metalized yarn prior to knitting. Thus, for purposes of CBP classification, the garment is treated as if it were entirely composed of metalized yarns. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for style EKCSQJ/BMGSQJ 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% ad valorem.

Style EKCSQJ/BMGSQJ 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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