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NY M85988




September 5, 2006

CLA-2-61:RR:NC:TA:359 M85988

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6110.30.1520; 6110.11.0030

Ms. Bernadette Daniels
Genghis Khan Freight Services, Inc.
161-15 Rockaway Blvd., Suite 306
Jamaica, NY 11434

RE: The tariff classification of women’s knit wearing apparel from China and Hong Kong

Dear Ms. Daniels:

In your letter dated August 14, 2006, on behalf of Casuals Etcetera, Inc., you requested a classification ruling. You submitted five samples that are being returned.

Style number 210401 is a woman’s top that is constructed from 40% nylon, 30% acrylic, 30% alpaca knit fabric. It features a shawl collar, long sleeves, and a full front opening with a hook and eye closure. The collar, sleeves, and bottom are finished with lace-like trim panels. The garment provides sufficient coverage of the bust area, but does not reach the waist.

You suggest that style 210401 be classified in subheading 6110, Tariff Schedule of the United States (HTSUS). However, this garment does not reach the waist and therefore is precluded from heading 6110.

Style 210402 is a woman’s sleeveless sweater that is constructed from 40% nylon, 30% acrylic, 30% alpaca knit fabric. The outer surface of the fabric measures less than 9 stitches per 2 centimeters in the direction the stitches were formed. The sweater features a round neckline and a straight bottom.

Style 210404 is a woman’s sweater that is constructed from 55% wool, 45% alpaca, knit fabric. The outer surface of the fabric measures less than 9 stitches per 2 centimeters in the direction the stitches were formed. The sweater features a notched-lapel collar, long sleeves, a full front opening with 3 button closures, and 2 front patch pockets at the waist. Embroidery adorns the left front panel and the back panel. Decorative stitching adorns the collar, the sleeves, the waist (back and front) and the pockets.

Style 210418 is a woman’s top that is constructed from 39% viscose, 32% nylon, 21% cotton, 8% angora. The upper back extends straight across from side seam to side seam. The garment features adjustable shoulder straps, 10 non-functional buttons on the front panel, 2 belt loops, a 1x1 ribbed tie belt, and a ribbed bottom.

The top and the belt of style 210418 are considered as a composite good. The essential character is given by the top, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

We are returning your request for a classification ruling and any related samples, exhibits, etc., regarding style 210435 because we need additional information in order to issue a ruling.

The fabric of style 210435 contains metallic yarns. Yarns containing a metallized fiber are considered to be an “other” fiber. Therefore, in order to determine the classification of the garment please provide the following:
a. The number of different yarns used in the fabric of the garment b. The fiber content of each yarn c. The number of plies in each yarn
The overall fiber content of the garment
The relative weight by percentage of each yarn

When this information is available, you may wish to consider resubmission of style 21035. If you decide to resubmit your request, please include all of the material that we have returned to you regarding this sample and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, please contact National Import Specialist 359 at 646-733-3049.

The applicable subheading for the styles 210401 and 210418 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted: of man made fibers: tops: women’s. The duty rate will be 28.2% ad valorem.

The applicable subheading for style 210402 will be 6110.30.1520, which provides for sweaters, knitted: of man made fibers: other: containing 23 percent or more by weight of wool or fine animal: sweaters: women’s. The duty rate will be 17% ad valorem.

The applicable subheading for style 210404 will be 6110.11.0030, which provides for sweaters, knitted: of wool or fine animal hair: of wool: sweaters: women’s. The duty rate will be 16% 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 210401 and 210418 fall within textile category 639. Styles 210402 and 210404 fall in category 446. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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