United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2007 NY Rulings > NY N015627 - NY N015696 > NY N015642

Previous Ruling Next Ruling
NY N015642





August 30, 2007

CLA-2-61:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. James H. Breda
LITESHIP International
440 McClellan Highway
East Boston, MA 02128

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

Dear Mr. Breda:

In your letter dated August 8, 2007 you requested a classification ruling on behalf of your client Crystal Sweater Ltd. As requested, your sample is being returned to you.

The submitted sample, style 1s07048727, is a woman’s sweater. Based on your lab report, the garment is constructed from 67% acrylic, 19% nylon, 10% alpaca, 2% polyester, and 2% metallic knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The garment extends from the shoulders to the upper thigh area. The garment features a scoop-neckline, long sleeves, and a straight bottom. The neckline, upper sleeves, and garment bottom are finished with 2x2 ribbed knit fabric.

You have provided a laboratory report indicating that the overall fiber content of the garment is 67% acrylic, 19% nylon, 10% alpaca, 2% polyester, and 2% metallic. The garment is made up of two separate yarns, one containing acrylic, nylon, and alpaca; the other containing metallic and polyester. Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber”, for purposes of classification at the six and eight digit levels. Based on the information you provided, the metallic and polyester yarn does not exceed the weight of the other yarn which has a chief weight of man-made fiber. Thus the garment is considered to be made in chief weight of man-made fibers.

The applicable subheading for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of man-made fibers (con): other: other: sweaters: women’s. The duty rate 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 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,

Previous Ruling Next Ruling

See also: