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NY L89775





January 25, 2006

CLA-2-61:RR:NC:TA:359 L89775

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s pullover and cardigan from Macau

Dear Ms. Fox:

In your letter dated January 10, 2006, on behalf of Jones Apparel Group, you requested a tariff classification ruling. You submitted two samples that are being returned as requested.

Style number WDTD23778 is a woman’s sleeveless pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The pullover features a scoop neckline and a tubular hemmed bottom. You state that the fiber content is 72% cotton, 18% polyester and 10% metallic.

Style number WDTD23418 is a woman’s cardigan. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a round neckline, short sleeves, and a full front opening with no means of closure. You state that the fiber content is 60% cotton, 25% polyester and 15% metallic.

You stated in a telephone conversation, with the National Import Specialist, that the garments do not meet the requirements of Statistical Note 6 to Chapter 61 of the Harmonized Tariff Schedule of the United States (HTSUS).

You included a metallic lab test with this letter for both styles. The lab reports that the fabric of style WDTD23778 is composed of two yarns. The first yarn is composed wholly of 100% cotton. The second yarn is composed of 64.7% polyester, 35.3% metallic with one-ply 100% polyester and one-ply metallic. The relative weight by percentage of the first yarn is 72.3% and the second yarn, 27.7%. The overall fiber content is 72.3% cotton, 17.9% polyester and 9.8% metallic.

The lab reports that the fabric of style WDTD23418 is composed of three yarns. The first yarn is composed wholly of 100% cotton. The second yarn is composed wholly of 100% cotton. The third yarn is composed of 63.3% polyester and 36.7% metallic with one-ply of 100% polyester and one-ply of metallic. The relative weight by percentage of the first yarn is 30.0%; the second yarn, 29.9%; and the third yarn, 40.1%. The overall fiber content is 59.9% cotton, 25.4% polyester and 14.7% 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 the pullover and the cardigan will be 6110.20.2079, (HTSUS), which provides for sweaters, pulloversand similar articles, knitted: of cotton: otherother: women’s: other. The rate of duty will be 16.5% ad valorem.

The cardigan and the pullover fall within textile category designation 339. 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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