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NY M85017




July 24, 2006

CLA-2-61:RR:NC:N3:359 M85017

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030

Ms. Daniela Caliari
Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of a woman’s maternity pullover from China and Hong Kong

Dear Ms. Caliari:

In your letter dated July 12, 2006, you requested a classification ruling. The submitted sample will be returned to you as requested.

Style 94500 is a woman’s maternity pullover constructed from 48% polyester, 27% acrylic, 24% cotton and 1% metallic knit fabric. The garment features a hood, a V-neckline, long sleeves with ribbed knit cuffs and a ribbed knit bottom. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

Please note that a 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 metal, but on the actual weight of all yarns that contain metal. You have stated that the pullover, which is the subject of this ruling, contains a certain percentage by weight of metalized yarns. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for style 94500 will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women’s or girls’: subject to man-made fiber restraints. The duty rate will be 6 percent 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 94500 falls within textile category designation 646. 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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