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NY M86347




October 4, 2006

CLA-2-:RR:NC:TA:359 NY M86347

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030

Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Avenue – 9th Floor
New York, NY 10018

RE: The tariff classification of women’s knit garment from China

Dear Ms. Gong:

In your letter dated September 6, 2006 you requested a tariff classification ruling.

The submitted sample, identified as style HHFW9N, was described as a “ladies sweater”. Due to construction features, this garment is more accurately described as a long sleeve pullover.

The cut and sewn pullover fabric consists of a five plied yarn. Based on the laboratory report included in your package, the fiber content of each ply is as follows: three of the five plies consist of 71% acrylic and 29% wool, ply four is constructed from metallized yarn and ply five is constructed of 100% nylon. The overall fiber content is 65.6% acrylic, 26.8% wool, 4.3% metallic and 3.3% nylon. The outer surface of the farbric measures less than 9 stitches per 2 centimeters in the direction in which the stitches are formed. The garment features a turtleneck collar, long sleeves with a rib knit cuff and rib knit bottom.

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. You have stated that the garment which is the subject of this ruling contains a certain percentage by weight of metalized yarns. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for this garment will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: sweaters for women or girls: subject to man made fiber restraints. The rate of duty will be 6%.

Style HHFW9N falls within textile category designation 646. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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/.

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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