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NY M85399





August 16, 2006

CLA-2-61:RR:NC:TA:359 M85399

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9081

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

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

Dear Ms. Fox:

In your letter dated August 2, 2006, on behalf of Jones Apparel Group, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number D1BB328108, is a woman’s rib knit pullover. The outer surface of the fabric measures more than 9 but less than 18 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a V-neckline with a cross over front and long sleeves. You state that the fiber content is 63% polyester, 35% metallic. 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 or linking.

You submitted a test report that states that style D1BB328108 is composed of one 65.3% polyester, 34.7% metallic yarn with twelve plies. Plies one, three, five, seven, nine, and eleven are composed of 100% metallized yarn. Plies two, four, six, eight, ten and twelve are composed of 100% polyester. The overall fiber content is 65.3% polyester, 34.7% 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 6110.90.9081, 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 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/.

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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