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NY M85826




August 22, 2006

CLA-2-61:RR:NC:TA:359 M85826

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030

Elizabeth Kessens
Kellwood Company Sportswear Division
208 North Trenton Street
Rutherford, TN 38369

RE: The tariff classification of a sweater from various countries

Dear Ms. Kessens:

In your letter dated August 11, 2006, you requested a classification ruling.

The garment, identified as style RB06-NEW09, is a pullover sweater that features long sleeves and a split turtleneck collar. The outer surface of the garment measures less than 9 stitches per 2 centimeters measured in the direction in which the stitches were formed. The fiber content of the garment was stated to be 79% acrylic, 18% polyester and 3% stainless steel. You stated that the stainless steel is plied with other fiber plies. 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. In this instance, the fiber content of the garment, for purposes of classification is 100% other textile materials. The overall fiber content, when separated, is as stated above: 79% acrylic, 18% polyester and 3% stainless steel.

The applicable subheading for the sweater will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers and similar articles, knitted or crocheted: Of other textile materials: Other: Sweaters for women 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/.

RB06-NEW09 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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