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NY N003015




December 6, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9082

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 November 6, 2006, on behalf of Ann Taylor, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number 158622, is a woman’s sleeveless 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 wide ribbed neckline, and a self-start bottom. You state that the garment is not knit to shape. The overall fiber content is 87% acetate, 13% metallic.

The submitted laboratory report indicated that the garment’s fabric is made of two separate yarns. However, examination of the sample indicates that the fabric is knitted from a single cabled (twisted) yarn. In accordance with Section XI Note 2, yarns containing metalized fibers are treated as a single textile material; therefore, the fabric is considered to be of other fibers.

The applicable subheading for the pullover will be 6110.90.9082, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, knitted: of other textile materials: other: subject to man made fiber restraints: women’s: other. 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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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