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NY L85625




June 24, 2005

CLA-2-61:RR:NC:TA:359 L85625

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6110.90.9030

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

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

Dear Ms. Fox:

In your letter dated June 14, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

Two garments were submitted, identified as styles PFHD12808 and 101. Along with the samples you provided fiber content analysis from an independent commercial laboratory. Your samples will be returned as you have requested.

Style PFHD12808 is a woman’s long sleeve crocheted sweater. The garment features a full front opening with three buttons and a tie at the waist for closure, a stand up collar, and decorative scallop edging along the entire garment. Due to its construction the stitches on the outer surface cannot be counted in the direction in which the stitches were formed. (Statistical Note 3 to Chapter 61 noted.)

Two yarns are used to form the fabric. Yarn #1 contains 71.2% rayon and 28.8% nylon. Yarn #2 contains 67.4% polyester and 32.6% metallic. The relative weight by percentage of each of the yarns is: yarn #1 is 81.3% of the overall weight and yarn #2 is 18.7% of the overall weight. The overall fiber content of the garment is 57.9% rayon, 23.4% nylon, 12.4% polyester, and 6.3% metallic.

Style 101 is a ladies long sleeve knit sweater. The garment features a full front opening with overlapping front panels. These panels are secured at the top of the garment with safety pins to keep the garment closed and which form a jewel collar neckline.

The outer surface of the garment is constructed with 9 or fewer stitches per 2 centimeters in the direction in which the stitches were formed. The fabric of the garment is made up of two yarns. Yarn #1 is made of 100% nylon. Yarn #2 is made of 86.2% nylon and 13.8% metallic. The relative weight by percentage of each yarn is 48.8% for yarn #1 and 51.2% for yarn #2. The overall fiber content of the garment is 92.9% nylon and 7.1% 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. Therefore, according to the information received, style 101 is in chief weight of metalized yarn.

The applicable subheading for style PFHD12808 will be 6110.30.3020, 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: Sweaters: Women’s. The duty rate will be 32% ad valorem.

The applicable subheading for style 101 will be 6110.90.9030, HTSUSA, 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.

Styles PFHD12808 and 101 fall 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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