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NY M82993




May 22, 2006

CLA-2-61:RR:NC:TA:359 M82993

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

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

RE: The tariff classification of a woman’s cardigan from Macau

Dear Ms. Fox:

In your letter dated April 24, 2006, on behalf of Jones Apparel Group, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number CDTF34538, is a woman’s knit cardigan. The outer surface of the garment measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction the stitches were formed. The cardigan features a mock collar, long sleeves, a full front opening with no means of closure, 2 patch pockets at the waist, and a hemmed bottom. You state that the fiber content is 48% acrylic, 21% wool, 20% polyester, 11% metallic. There are no lines of demarcation on any of the panels. The garment does not meet the requirements of Statistical Note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

You included a metallic lab test with this letter. The lab reports that the fabric of style CDTF34538 is composed of four yarns. The first and second yarns are composed wholly of 69.4% acrylic, 30.6% wool. The third and fourth yarns are composed of 65.1% polyester, 34.9% metallic with one-ply 100% polyester and one-ply 100% metallic. The relative weight by percentage of the first and second yarn is 69.9%; yarns three and four, 30.1%. The overall fiber content of the garment is 48.5% acrylic, 21.4% wool, 19.6% polyester, and 10.5% 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 the cardigan will be 6110.30.3059, (HTSUS), which provides for sweatersand similar articles, knitted: of manmade fibers: otherother: women’s: other. The rate of duty will be 32% ad valorem.

The cardigan falls within textile category designation 639. 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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