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NY L85960




July 20, 2005

CLA-2-61:RR:NC:TA:359 L85960

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010; 6211.43.0091

Mr. Ralph M. Navedo
Carmichael International Service
1975 Linden Blvd., Suite 200
Elmont, NY 11003

RE: The tariff classification of two women’s upper body garments from China

Dear Mr. Navedo:

In your letter dated June 14, 2005, you requested a classification ruling on behalf of Amiee Lynn Inc. As requested, your samples are being returned to you.

In your letter you requested classification rulings on three styles. We are unable to issue a ruling on one of your styles, #23-6325, because we need additional information to do so. Please see below for the additional information required. In addition, you stated that style 23-2402 has two possible fiber contents. We are only able to provide a ruling on the submitted sample, that is, the 100% acrylic version of style 23-2402.

The fabric of style 23-6325 contains metallic yarns, the lurex. 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 metal, but on the actual weight of all yarns that contain metal. The information you submitted regarding style 23-6325 did not provide us with enough information to make this determination.

In order to determine the classification of style 23-6325 please provide the following:

1. The number of different yarns used in the fabric of the garment 2. The fiber content of each yarn
3. The number of plies in each yarn
4. The overall fiber content of the garment

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

Style 23-2402 is a woman’s knit poncho constructed from 100% acrylic knit fabric. It features a round neckline and is finished with knotted fringe. It covers the elbows and extends below the waist.

Style 23-5884 is a woman’s upper body garment constructed from 100% polyester woven fabric. The garment is rectangular in shape and measures 50 inches by 20 inches with an opening for the head. The garment extends from the shoulders to the waist and is open on the sides.

The applicable subheading for style 23-2402 will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks, knitted or crocheted, other than those of heading 6104: of man-made fibers: other: other: women’s. The duty rate will be 28.2% ad valorem.

The applicable subheading for style 23-5884 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, women or girls’: of man-made fibers: other. The duty rate will be 16% ad valorem.   

Style 23-2402 falls within textile category designation 635. Style 23-5884 falls within textile category designation 659. 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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