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NY L85593




June 24, 2005

CLA-2-61:RR:NC:TA:359 L85593

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a women’s knit garment from Hong Kong

Dear Ms. Fox:

In your letter dated June 10, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

A garment was submitted, identified as style P21A20308. Along with the sample you provided fiber content analysis from an independent commercial laboratory. Your sample will be returned as you have requested.

Style P21A20308 is a woman’s long sleeve knit pullover. The garment features a crew neck and two small side vents at the bottom of the garment. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction in which the stitches were formed. Two yarns are used to form the fabric. Yarn #1 contains 66.8% rayon and 33.2% nylon. Yarn #2 contains 64.3% polyester and 35.7% metallic. The relative weight by percentage of each of the yarns is: yarn #1 is 77.4% of the overall weight and yarn #2 is 22.6% of the overall weight. The overall fiber content of the garment is 51.7% rayon, 25.7% nylon, 14.6% polyester and 8% metallic.

For purposes of U.S. Customs and Border Protection classification, any 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 the metal, but on the weight of all yarns that contain metal.

The applicable subheading for style P21A20308 will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’. The duty rate will be 32% ad valorem.

Style P21A20308 falls within textile category designation 639. 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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