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NY L88225




November 21, 2005

CLA-2-61:RR:NC:TA:359 L88225

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9078; 6110.30.3055; 6109.90.1065

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

RE: The tariff classification of four women’s garments from Hong Kong

Dear Ms. Fox:

In your letter dated October 25, 2005, on behalf of Jones Apparel Group, you requested a tariff classification ruling. You submitted four samples that are being returned as requested.

Style UFHE23248 is a woman’s knit pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a U-neckline and long sleeves. You state that the fiber content is 73% acetate,17% metallic, and 10% nylon.

Style UFHC23208 is a woman’s sleeveless rib knit tank top. The tank top features one-inch wide shoulder straps, a scoop front and a scoop back. You state that the fiber content is 53% rayon, 30% acrylic, 11% polyester and 6% metallic.

Style VFPB43238 is a woman’s cardigan. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a V-neckline, long sleeves, a full front opening with a three-button closure, and side slits. You state that the fiber content is 44% rayon, 37% nylon, 12% polyester and 7% metallic.

Style VFPB43228 is a woman’s sleeveless V-neck pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the fiber content is 44% rayon, 37% nylon, 12% polyester, 7% metallic.

You included a metallic lab test with this letter that reports that the fabric of style UFHE23248, the pullover, is composed of one 72.7%, acetate, 17.1% metallic, 10.2% nylon, yarn. The yarn has three plies; one-ply 100% acetate, one-ply 100% nylon, and one-ply metallic. The relative weight by percentage of the yarn is 100%. The overall fiber content is 72.7% acetate, 17.1% metallic, 10.2% nylon.

The lab test for style UFHC23208, the tank top, reports that the fabric is composed of two 2-ply yarns. The first two-ply yarn is wholly composed of 64.3% rayon and 35.7% acrylic. The second two-ply yarn is composed of 64.7% polyester and 35.3% acrylic with one-ply 100% polyester and one-ply metallic. The relative weight by percentage of the first yarn is 82.5% and the second yarn, 17.5%. The overall fiber content is 53.0% rayon, 29.5% acrylic, 11.4% polyester and 6.1% metallic.

The lab test for styles VFPB43238 and VFPB43228, the cardigan and the pullover, reports that the fabric is composed of two 2-ply yarns. The first two-ply yarn is wholly composed of 54.4% rayon and 45.6% nylon. The second two-ply yarn is composed of 63.5% polyester, 36.5% metallic with one-ply 100% polyester and one-ply metallic. The relative weight by percentage of the first yarn is 80.3% and the second yarn, 19.7%. The overall fiber content is 43.7% rayon, 36.6% nylon, 12.5% polyester and 7.2% metallic.

Please note that a yarn that contains any amount of metal is regarded in its entirety as “metallized 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 style UFHE23248, the pullover, will be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of other textile materials: other: other: subject to man made fiber restraints: women’s. The rate of duty will be 6% ad valorem.

The applicable subheading for style UFHC23208, the tank top, will be 6109.90.1065, HTS, which provides for tank tops, knitted: of other textile materials: of man made fibers: women’s. The rate of duty will be 32% ad valorem.

The applicable subheading for style VFPB43238, the cardigan, and style VFPB43228, the pullover, will be 6110.30.3055, which provides for sweaterspullovers, and similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Styles UFHE23248, VFPB43228, VFPB43238 and UFHC23208 all fall 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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