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NY M82423




May 10, 2006

CLA-2-61:RR:NC:TA:359 M82423

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.11.0030

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

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

Dear Ms. Fox:

In your letter dated April 10, 2006, on behalf of Jones Apparel Group, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted two samples of women’s knit sweaters. The outer surface of the garments measures less than 9 stitches per 2 centimeters in the direction the stitches were formed. Style number CFHN3418 features a ribbed collar, long sleeves with ribbed cuffs, a full front opening with a snap closure, and a ribbed bottom. You state that the fiber content is 87% wool, 9% polyester, 4% metallic.

Style number CFHN34118 is sleeveless and features a wide U-neckline and a tubular hemmed bottom. You state that the fiber content is 87% wool, 9% polyester, 4% metallic.

You also state that the garments do not meet the requirements of Chapter 61, Note 6 of the 2006 Harmonized Tariff Schedule of the United States (HTSUS).

You included a metallic lab test with this letter. The lab reports that the fabric of both styles is composed of two yarns. The first yarn is composed wholly of 100% wool. The second yarn is composed of 66.2% polyester, 33.8% metallic with one-ply 100% polyester and one-ply metallic. The relative weight by percentage of the first yarn is 87.3% and the second yarn, 12.7%. The overall fiber content of the garment is 87.3% wool, 8.4% polyester and 4.3% 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 both garments will be 6110.11.0030, (HTSUS), which provides for sweaters, knitted: of wool or fine animal hair: of wool: sweaters: women’s. The rate of duty will be 16% ad valorem.

Each garment falls within textile category designation 446. 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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