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NY M81764




April 11, 2006

CLA-2-61:RR:NC:TA:359 M81764

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9073

Melissa Fox
Barthco International, Inc.
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s pullover from China. Correction to Ruling Number NY M81054

Dear Ms. Fox:

This replaces Ruling Number M81054, dated March 21, 2006, which contained an incorrect classification number. In the original letter the classification number given was 6110.90.9071. The correct classification number is 6110.90.9073. A complete corrected ruling follows.

In your letter dated March 8, 2006, you requested a classification ruling on behalf of Jones Apparel Group.

A sample identified as style W3JMCD158 was submitted, along with its component parts. The garment is a pullover, made of 62% cotton and 42% metallic knit fabric. The garment features long sleeves, a v neck opening and an attached hood. The outer surface of the garment measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction in which the stitches were formed. The back panel only has partial lines of demarcation for the neckline. This component piece does not meet the knit to shape requirements of statistical note 6 to chapter 61, Harmonized Tariff Schedule of the United States, (HTSUS). The garment is not eligible for classification under this subheading. Your sample will be returned as you have requested.

You submitted a breakdown of the fiber content of the garment’s fabric. It is knit of three yarns. The first yarn is a two ply yarn of 100% cotton. The second yarn is simply stated to be a metallized yarn. The third yarn is a two ply yarn made of nylon and spandex. The relative weight of each yarn is 59.8% cotton, 38% metallic and 2.2% nylon/spandex. The overall fiber content of the yarn is stated to be 61.9% cotton and 38.1% metallic. Our examination of the fabric showed that the yarns were twisted together prior to knitting.

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. In this instance, the entire fabric is considered to be metallic.

The applicable subheading for style W3JMCD158 will be 6110.90.9071, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of other textile materials: Other: Other: Subject to cotton restraints: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. 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/.

The pullover falls 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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