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NY L86170




August 1, 2005

CLA-2-61:RR:NC:WA:361 NY L86170

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9070

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a woman’s garment from China.

Dear Ms. Fox:

In your letter dated June 30, 2005, you requested a classification ruling for a woman’s knit garment from China on behalf of Jones Apparel Group. The submitted samples will be returned to you, as requested.

The upper body garment, style N1BV221068, is constructed from 56 percent silk, 24 percent rayon, 13 percent polyester and seven-percent metallic knit fabric. The garment extends past the waist in back, has long sleeves, and insufficient front coverage.

Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber,” for purposes of classification at the six and eight digit levels. Based on the information you provided, the garment is constructed using three yarns, only one of which includes metallic fibers. That yarn, which is made from polyester and metallic fibers, makes up 20 percent of the fabric, and is considered an “other fiber.” As such, the fiber content of the garment may be stated as 56 percent silk, 24 percent rayon, and 20 percent “other fibers” for classification purposes. The garment is, therefore, considered to be in chief weight of silk, but not over 70 percent by weight of silk.

The applicable subheading for the garment will be 6114.90.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of other textile materials: Other. The duty rate will be 5.6% ad valorem.

The garment falls within textile category designation 859. 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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