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NY M85396




August 11, 2006

CLA-2-61:RR:NC:TA:359 M85396

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 two women’s knit pullovers from China

Dear Ms. Fox:

In your letter dated August 1, 2005, on behalf of Jones Apparel Group, you requested a tariff classification ruling. Your samples are being returned as requested.

The submitted samples, style EFPD24808 and EFPD24318 are women’s knit pullovers. You state that the fiber content for each garment is 52% rayon, 28% nylon, 14% polyester, and 6% metallic. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the horizontal direction. Style EFPD24808 features a ribbed V-neckline, long sleeves with ribbed cuffs, and a ribbed bottom. Style EFPD24318 features a ribbed cowl neck collar, long sleeves with ribbed cuffs, and a ribbed bottom. You state that the garments do not meet the requirements of Chapter 61, Note 6 of the Harmonized Tariff Schedule of the United States (HTSUS).

You submitted a test report with your letter. The report shows that the fabric of both garments is comprised of two yarns. The first yarn has two plies and is wholly composed of 65.5% rayon, 34.5% nylon. The second yarn is composed of 67.4% polyester, 32.6% metallic with two-plies of 100% polyester and one-ply of 100% metalized yarn. For each garment, the relative weight by percentage of yarn one is 79.8% and yarn two, 27.5%. The overall fiber content of each garment is 52.3% rayon, 27.5% nylon, 13.6% polyester, and 6.6% metallic.

For purposes of tariff classification, any 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. Therefore, according to the information received, the garments are in chief weight of man made fibers.

The applicable subheading for each garment will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Each garment 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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