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NY L89413




January 12, 2006

CLA-2-61:RR:NC:WA:361 NY L89413

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6114.30.3070

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

RE: The tariff classification of women’s upper body garments from Hong Kong.

Dear Ms. Fox:

In your letter dated December 15, 2005, you requested a classification ruling for women’s knit garments on behalf of Jones Apparel Group. The submitted samples will be returned to you, as requested.

Style WFHH21848 is a woman’s knit upper body garment constructed from 100 percent polyester knit fabric, which you have described as a shrug. The garment has long sleeves, the back extends approximately to the waist, but there is essentially no front coverage.

Style WFHG23588 is a woman’s knit top, which you have described as a cropped cardigan. The garment, which does not reach the waist, has capped sleeves, a full front opening with a one-button closure, and a rib knit bottom. You have provided the following information concerning the fiber content of the garment. The garment is knit from three separate yarns, as follows: Yarn 1: 100% rayon
Yarn 2: 76.8% nylon, 23.2% spandex
Yarn 3: 100% metalized yarn with polyester The overall fiber content of the garment is 96.4% rayon, 2.9% metallic (consisting of 1.9% polyester and 1% metalized yarn), 0.5% nylon and 0.2% spandex.

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 metallic and nylon yarn does not exceed the weight of the other man-made fiber yarns, thus the garment is considered to be in chief weight of man-made fibers.

You also submitted style WFHD13458, a pullover. We are unable to provide a classification determination at this time. The garment would be classified in heading 6110, and may be subject to new Harmonized Tariff Schedule of the United States (HTSUS) provisions as described in Chapter 61, statistical note 6 (effective January 1, 2006). This provision requires a determination as to whether the garment is knit to shape, as well as other factors. Therefore, please submit all of the component pieces of the garment in their condition as taken from the knitting machine, in condition ready for assembly without further cutting or manufacture. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces.

The applicable subheading for style WFHH21848 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 14.9% ad valorem.

The applicable subheading for style WFHG23588 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.2% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style WFHH21848 falls within textile category designation 659; style WFHG23588 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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