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NY L85758




June 24, 2005

CLA-2-61:RR:NC:TA:359 L85758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.19.0030

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 18, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

A garment was submitted, identified as style N1BW121368. Along with the sample you provided fiber content analysis from an independent commercial laboratory. Your sample will be returned as you have requested.

Style N1BW121368 is a woman’s long sleeve knit sweater. The garment features a notched lapelled collar, princess seams, two faux pocket flaps on the front panels, and a one-button full front opening. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction in which the stitches were formed. Two yarns are used to form the fabric. Yarn #1 is 100% wool fiber. Yarn #2 is a 2-ply yarn: the first ply is 100% polyester and the second ply is 100% metalized fiber. The relative weight by percentage of each of the yarns is: yarn #1 is 94.9% of the overall weight: yarn #2 is 5.1% of the overall weight. The overall fiber content of the garment is 94.9% wool, 3.4% polyester, and 1.7% 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 N1BW121368 will be 6110.19.0030, HTSUSA, which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of wool or fine animal hair: Other: Sweaters: Women’s. The duty rate will be 16 percent ad valorem.

Style N1BW121368 falls within textile category designation 446. 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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