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NY M81880




April 27, 2006

CLA-2-61:RR:NC:WA:361 NY M81880

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.90.9055

Mr. Rich DeVito
Geologistics Americas Inc.
310 McClellan Highway
East Boston, MA 02128

RE: The tariff classification of a woman’s upper body garment from Hong Kong.

Dear Mr. DeVito:

In your letter dated March 30, 2006, you requested a classification ruling for a woman’s knit upper body garment on behalf of Telluride Clothing Co. The submitted sample will be returned to you, as requested.

Style T5154 is a woman’s knit upper body garment constructed from 65 percent acrylic, 20 percent nylon and 15 percent lurex (metallic) knit fabric. The garment has a collar, a full front opening with no closure and short sleeves. The collar is crocheted, and two-inch crochet work finishes the opening, sleeves, and bottom. The garment does not provide sufficient coverage of the bust.

The garment is knit from a single yarn. Because the garment is constructed from a yarn that that includes metallic fibers, it is necessary to analyze the yarn 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.

At the statistical level, in order to determine whether the garment is “subject to restraints,” each type of fiber is considered separately. Because the man-made fibers (acrylic and nylon) exceed 50 percent by weight of all the fibers present, the garment is considered to be “subject to man-made fiber restraints.”

The applicable subheading for style T5154 will be 6114.90.9055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Other: subject to man-made fiber restraints. The duty rate will be 5.6% 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 T5154 falls within textile category designation 659. 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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