United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M85160 - NY M85208 > NY M85208

Previous Ruling Next Ruling
NY M85208




August 16, 2006

CLA-2-61:RR:NC:WA:359 NY M85208

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9081

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of two women’s pullovers from China.

Dear Ms. Cumins:

In your letter dated July 26, 2006, on behalf of your client Spark Fashion 21, Inc., you requested a classification ruling for two women’s pullovers. Your samples are being returned as requested.

Style #M510-027 is a woman’s pullover constructed from 66% nylon, 30% rayon, and 4% metallic knit fabric. The outer surface of the fabric measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction in which the stitches were formed. The garment features a rib knit V-shaped neckline, long sleeves, and a self-start bottom. You state that yarn #1 is made of 100% nylon and yarn #2 is made of 87% rayon and 13% metallic. You also state that the nylon is then twisted around the metallic yarn to create a single yarn. For purposes of Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), all the components are knit to shape and assembled by looping and linking.

Style #M512-090 is a woman’s pullover constructed from 86% nylon, 9% polyester, and 5% metallic knit fabric. The outer surface of the fabric measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction in which the stitches were formed. The garment features a rib knit turtleneck, long sleeves, and a self-start bottom. You state that yarn #1 is made of 100% nylon and yarn #2 is made of 64% polyester and 36% metallic. You also state that the nylon is then twisted around the metallic yarn to create a single yarn. For purposes of Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), all the components are knit to shape and assembled by looping and linking.

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.

The applicable subheading for the pullovers, Styles M510-027 and M512-090 will be 6110.90.9081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, 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 duty rate will be 6% 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/.

Styles M510-027 and M512-090 fall 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,
National Commodity

Previous Ruling Next Ruling

See also: