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NY M83148




June 2, 2006

CLA-2-61:RR:NC:TA:359 M83148

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9081

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a woman’s pullover from China

Dear Mr. Evan:

In your letter dated May 5, 2006, on behalf of Greatwind International Limited, Lord Coutanche House, 66-68 Esplanade, St. Helier, Jersey, Channel Islands, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number 7478, is a woman’s varied rib knit pullover. 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 pullover features a ribbed V-neckline, long sleeves with ribbed edge cuffs, and a ribbed bottom. You state that the over fiber content is 36% cotton, 24% acrylic, 25% polyester and 15% metallic. The components are knit to shape and assembled by linking and looping. The garment meets the requirements of Chapter 61, Note 6 of the 2006 Harmonized Tariff Schedule of the United States (HTSUS).

You also state that the fabric is composed of two yarns. The first yarn is composed wholly of 60% cotton, 40% acrylic. The second yarn is composed wholly of 60% polyester, 40% metallic. The relative weight by percentage of the first yarn is 60%; the second yarn, 40%. You state for classification purposes that the second yarn is 100% metallic and that the fiber content is 40% metallic, 36% cotton, 24% acrylic.

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 pullover will be 6110.90.9081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of other textile materials: otherother: subject to man made fiber restraints: women’s: knit to shape articles described in statistical note 6 to this chapter. The rate of duty will be 6% ad valorem.

The pullover 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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