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NY M81541




April 18, 2006

CLA-2-61:RR:NC:TA:359 M81541

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

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

RE: The tariff classification of a women’s knit garment from China

Dear Ms. Fox:

In your letter dated July 12, 2005, you requested a classification ruling on behalf of Jones Apparel Group.

A garment was submitted, identified as style CFPN34008. Along with the sample you provided fiber content analysis from an independent commercial laboratory. You state in your letter that the garment does not meet the requirements of statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States. Your sample will be returned as you have requested.

Style CFPN34008 is a woman’s knit sweater. The garment features a V-shaped neckline, a full front opening with one button closure, and long sleeves. The garment extends from the shoulder to below the waist. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters measured in the direction in which the stitches were formed. Three yarns are used to form the fabric. Yarn #1 is a two-ply yarn consisting of two 100% nylon plies. Yarn #2 is a two-ply yarn consisting of a 100% nylon ply and a 100% viscose yarn. The fiber content of Yarn #2 is 66.1% viscose, 33.9% nylon. Yarn #3 is a 2-ply yarn. The first ply is 100% polyester and the second ply is 100% metalized fiber. The fiber content of Yarn #3 is 65.9% polyester, 34.1% metallic. The relative weight by percentage of each of the yarns are as follows: yarn #1 is 52.5% of the overall weight; yarn #2 is 41.1% of the overall weight; yarn #3 is 6.4% of the overall weight. The overall fiber content of the garment is 66% nylon, 27.9% viscose, 4% polyester, 2.1% 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 CFPN34008 will be 6110.30.3020, HTSUS, which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Sweater: Women’s or girls’. The duty rate will be 32 percent ad valorem.

Style CFPN34008 falls within textile category designation 646. 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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