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NY L89141





December 21, 2005

CLA-2-61:RR:NC:TA:359 L89141

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 a women’s knit garment from Hong Kong

Dear Ms. Fox:

In your letter dated December 5, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

A garment was submitted, identified as style WLAL24678. Along with the sample you provided fiber content analysis from an independent commercial laboratory. Your sample will be returned as you have requested.

Style WLAL24678 is a woman’s ¾ length sleeve knit pullover. The garment features a v shaped neckline which is trimmed with hook and eye closures. Although the hook and eyes could be made to close at the neckline, the front panels are not knit to a shape that would accommodate the closing at the neckline. We do not consider this neckline as one having an opening that closes at the neck. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction in which the stitches were formed. Two yarns are used to form the fabric. Yarn #1 is a 2-ply yarn: each ply is made of a mixture of 100% rayon. Yarn #2 is a 2-ply yarn: the first ply is made of 100% polyester; the second ply is made of 100% metallic. The relative weight of each yarn that comprises the fabric is 81.9% for yarn #1, and 18.1% for yarn #2. The overall fiber content of the garment is 81.9% rayon, 11.7% polyester and 6.4% metallic.

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 WLAL24678 will be 6110.30.3055, 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% ad valorem.

Style WLAL24678 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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