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NY M81704




March 17, 2006

CLA-2-61:RR:NC:N3:359 M81704

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9026; 6110.90.9030

Cindy Tabor-Korenberg
Sandler, Travis & Rosenberg P.A.
551 Fifth Avenue
New York, NY 10176

RE: The tariff classification of women’s knit sweaters from Hong Kong

Dear Ms. Tabor-Korenberg:

In your letter dated February 28, 2006, you requested a classification ruling on behalf of Brilliant Global Ltd.

Two samples of women’s sweaters, identified as style 1-28235-15 and BGS406/0254 were submitted and will be returned as you have requested.

Style 1-28235-15 is constructed of a two yarn knit fabric whose outer surface measures less than 9 stitches per 2 centimeters in the horizontal direction. The first yarn is made of 100% rayon. The second yarn is made of 66% polyester and 44% metallic material. The two yarns are pre-twisted prior to knitting. The over all fiber content of the garment is approximately 93% rayon and 7% metallic. The garment features dolman short sleeves and a v-shaped neckline.

Style BGS406/0254 is constructed of a two yarn knit fabric whose outer surface measures less than 9 stitches per 2 centimeters in the horizontal direction. The first multiple ply yarn is made of 55% cotton, 25% viscose rayon, 10% nylon and 10% angora rabbit hair. The second yarn is made of 66% polyester and 44% metallic material. The two yarns are pre-twisted prior to knitting. The over all fiber content of the garment is approximately 55% cotton, 20% viscose rayon, 10% nylon, 10% angora rabbit hair, 3% polyester and 2% metallic. The garment features long sleeves and a v-shaped neckline.

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. For both samples, the yarns were pretwisted with a yarn that contained metal, and therefore, all the yarns are considered metalized.

The applicable subheading for style BGS406/0254 will be 6110.90.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Sweaters for women or girls’: Subject to cotton restraints. The duty rate will be 6% ad valorem.

The applicable subheading for style 1/28235-15 will be 6110.90.9030, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Sweaters for women or girls’: Subject to man-made fiber restraints. The duty rate will be 6% 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 BGS406/0254 falls within textile category designation 345. Style 1/28235-15 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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