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NY M86236




September 22, 2006

CLA-2-61:RR:NC:TA:359 M86236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Bernadette Purcell
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

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

Dear Ms. Purcell

In your letter dated August 24, 2006, and additional information submitted on September 5, 2006, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number A1412, is a woman’s sleeveless pullover. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The pullover features a round neckline and a self-start bottom. You state that the fiber content is 84% acrylic, 11% polyester, and 5% metallic. The neck trim is not knit to shape. The front and back panels at the neckline have partial lines of demarcation. The garment does not meet the requirements of Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

You also state that the fabric is composed of two yarns. The first yarn is one-ply and composed wholly of 100% acrylic. The second yarn is one-ply and composed wholly of 87.7% polyester and 12.3% metallic. The relative weight by percentage of the first yarn is 50%; the second yarn, 50% and that the overall fiber content is 84% acrylic, 10% polyester, 6% 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 pullover will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% 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 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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