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NY L87977




October 14, 2005

CLA-2-61:RR:NC:TA:359 L87977

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Melissa Fox
Barthco Trade Consultants
5101 South Broad Street
Philadelphia, PA 19112

RE: The tariff classification of three women’s pullovers from China

Dear Ms. Fox:

In your letter dated September 30, 2005, on behalf of Jones Apparel Group, you requested a tariff classification ruling. You submitted three samples that are being returned as requested.

Style V21D10238 is a woman’s double knit pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a square neckline and long sleeves. You state that the fiber content is 66% rayon, 20% nylon, 9% polyester and 5% metallic.

Style V21D50278 is woman’s double knit pullover. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a scoop neckline and long sleeves. You state that the fiber content is 48% rayon, 40% nylon, 8% polyester and 4% metallic.

Style VXAC20088 is a woman’s jersey knit pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features short cap sleeves and a V-neckline. The neckline, sleeves and the bottom are finished with ribbed fabric. Decorative beads and sequins are in the chest and neckline areas. You state that the fiber content is 44% rayon, 36% nylon, 13% polyester and 7% metallic.

You included a metallic lab test with this letter that reports that the fabric of style V21D10238 is composed of three yarns. The first two-ply yarn is composed of 65.5% rayon and 34.5% nylon. The second two-ply yarn is composed of 100% rayon. The third yarn is composed of 65.7% polyester, 34.3% metallic with one-ply 100% polyester and one ply metallic. The relative weight by percentage of the first yarn is 58.1%; the second yarn, 27.9%; and the third yarn, 14.0%. The overall fiber content is 66.2% rayon, 19.8% nylon, 9.2% polyester and 4.8% metallic.

The lab test for style V21D50278 reports that the fabric is composed of two 2-ply yarns. The first two-ply yarn is composed of 54.4% rayon and 45.6% nylon. The second two-ply yarn is composed of 66.1% polyester, 33.9% metallic with one-ply 100% rayon and one ply metallic. The relative weight by percentage of the first yarn is 87.5% and the second yarn, 12.5%. The overall fiber content is 47.6% rayon, 39.9% nylon, 8.3% polyester and 4.2% metallic.

The lab test for style VXAC20088 reports that the fabric is composed of two 2-ply yarns. The first two-ply yarn is composed of 54.3% rayon and 45.7% nylon. The second two-ply yarn is composed of 65.7% polyester, 34.3% metallic with one-ply 100% rayon and one-ply metallic. The relative weight by percentage of the first yarn is 80.0% and the second yarn, 20.0%. The overall fiber content is 43.5% rayon, 36.5% nylon, 13.1% polyester and 6.9% metallic.

Please note that a 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 applicable subheading for each garment will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of man-made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Each garment 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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