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NY L86131





August 10, 2005

CLA-2-61:RR:NC:TA:359 L86131

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 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 womens’ knit garments from China

Dear Ms. Fox:

In your letter dated July 20, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

Two garments were submitted, identified as styles PD453A002C and PFPJ12588. Along with the samples you provided fiber content analysis’ from an independent commercial laboratory. Your samples will be returned as you have requested.

Style PD453A002C is a woman’s sleeveless knit pullover. The garment features a deep scoop neckline. The outer surface of the fabric measures more than 9 stitches per 2 centimeters measured in the direction in which the stitches were formed. Three yarns are used to form the fabric. Yarn #1 is a two-ply yarn consisting of two 100% rayon plys. The fiber content of yarn #1 is 100% rayon. Yarn #2 is a two-ply yarn consisting of two 100% rayon plys. The fiber content of yarn #2 is 100% rayon. Yarn #3 is a 2-ply yarn: the first ply is 100% polyester and the second ply is 100% metalized fiber. The fiber content of yarn #3 was expressed in the laboratory report as 100% polyester with metallic. The relative weight by percentage of each of the yarns is: yarn #1 is 41.8% of the overall weight; yarn #2 is 41.7% of the overall weight; yarn #3 is 16.5% of the overall weight. The overall fiber content of the garment is 83.5% rayon, 10.7% polyester, and 5.8% metallic.

Style PFPJ12588 is a woman’s long sleeved sweater. The garment, submitted in a size small, features raglan sleeves with deep rib knit cuffs, and a wide rib knit band, which encircles the entire body of the garment, forming the bottom band, the placket and the collar of the sweater. The garment has a full front opening with no closure. The front sections of the garment give an illusion of forming the silhouette of cutaway front panels. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters measured in the direction in which the stitches were formed. Two yarns are used to form the fabric. Yarn #1 is a three-ply yarn consisting of a 100% acrylic ply, 100% nylon, and a 100% wool ply. The fiber content of yarn #1 is 38.1% wool, 36.7% acrylic and 25.2% nylon fiber. Yarn #2 is a 2-ply yarn: the first ply is 100% polyester and the second ply is 100% metalized fiber. The fiber content of yarn #2 was expressed in the laboratory report as 100% polyester with metallic. The relative weight by percentage of each of the yarns is: yarn #1 is 50.8% of the overall weight; and yarn #2 is 49.2% of the overall weight. The overall fiber content of the garment is 30.8% polyester, 19.4% wool, 18.7% acrylic, 18.4% metallic, and 12.7% nylon.

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 PD453A002C 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 percent ad valorem.

The applicable subheading for style PFPJ12588 will be 6110.30.3020, 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 percent ad valorem.

Style PD453A002C falls within textile category designation 646, and style PFPJ12588 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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