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NY M85180




August 09, 2006

CLA-2-61:RR:NC:TA:359 M85180

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Melissa Fox
Barthco Trade Consultants
5101 South Broad Street
Philadelphia, PA 19112-1404

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

Dear Ms. Fox:

In your letter dated July 20, 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 E21D11058, 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 garment reaches below mid-thigh and features a notched lapel collar, long sleeves, a full front opening with 3 button closures, and a self-start bottom. You state that the fiber content is 57% rayon, 31% nylon, 8% polyester, 4% other fibers. The collar of the garment is not knit to shape and the interior placket is sewn down which is not allowable. It does not meet the requirements of Chapter 61, Note 6 of the 2006 Harmonized Tariff Schedule of the United States (HTSUS).

You included a lab test report with this letter. The lab reports that the fabric of this style is composed of two yarns. The first yarn has two plies and is composed wholly of 64.9% rayon, 35.1% nylon. The second yarn is composed of 64.3% polyester, 35.7% metallic with one-ply 100% polyester and one-ply metallizied yarn. The relative weight by percentage of the first yarn is 88.0%; the second yarn, 12.0%. The overall fiber content of the garment is 57.1% rayon, 30.9% nylon, 7.7% 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 the cardigan will be 6110.30.3059, (HTSUS), which provides for sweatersand similar articles, knitted: of manmade fibers: otherother: women’s. 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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