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NY N012272




December 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9030

Ms. Keri Masternak
Cornerstone Consolidated Services Group, Inc. 5568 West Chester Rd
West Chester, OH 45069

RE: The tariff classification of a woman’s sweater from China.

Dear Ms. Masternak:

In your letter dated May 30, 2007, on behalf of Garnet Hill, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, item 14063, is a woman’s rib knit sweater. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features long sleeves with ribbed cuffs, a full front opening with a satin ribbon drawstring tie closure at the waist, and a ribbed bottom. You state that the fiber content is 55% rayon, 14% acrylic, 14% mohair, 14% nylon, and 3% other fibers.

Your garment was sent to our laboratory to determine the fiber content and yarn structure. The laboratory reports that the garment is composed of 7 yarns that are twisted together. The 7 yarns twisted together are composed of the following types of yarns: two 2-ply gold metallized yarns (1 ply metallized mylar type strip and 1 ply rayon filament yarn), two 3 ply silver and black metallized yarns (1 ply metallized mylar type strip and 2 ply rayon staple yarn), one 3 ply gray yarn (1 ply acrylic/mohair/nylon staple yarn and 2 ply nylon filament yarn), one 3 ply white yarn (1 ply mohair/acrylic staple yarn and 2 ply nylon filament yarn), one 2 ply shiny white yarn (2 ply rayon filament yarn).

The garment is composed of 13 plies of metallized yarn and has the following overall composition by weight: 44.9% rayon (filament), 14.8% acrylic (staple), 12.0% rayon (staple), 11.3% mohair (staple), 8.3% nylon (filament), 5.2% nylon (staple), and 3.5% metallized (mylar type) strip.

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 sweater will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women and girls: subject to man-made fiber restraints. 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 sweater falls within textile category 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.

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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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