The tariff classification of a woman’s cardigan from Hong Kong

NY I88561 March 5, 2003 CLA-2-61:RR:NC:TA:359yp I88561 CATEGORY: Classification TARIFF NO.: 6110.90.9078 Ms. Melissa Weiss Barthco Trade Consultants 721 Chestnut Street Philadelphia, PA 19106 RE: The tariff classification of a woman’s cardigan from Hong Kong Dear Ms. Weiss: In your letter dated November 6, 2002, on behalf of Jones Apparel Group, Inc., you requested a tariff classification ruling. The submitted sample, style number W1B852058, is a woman’s knit cardigan with sequins. You state that the fiber content of the cardigan is 81% rayon, 13% polyester, 6% metallic. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a scoop neckline, long sleeves, and a full front opening with 11 button closures. The sleeve openings and the bottom are finished with ribbed fabric. In order to classify your garment, we have submitted it to the U.S. Customs laboratory at New York for analysis of the fiber content and the yarn structure. The laboratory has reported that the fabric is composed of different color strips with multiple ply yarns: a 4-ply silver yarn with a composition by weight of 93.5% three-ply rayon filament yarn and a 6.5% one-ply metalized (mylar type) strip; a 3-ply gray, pink, red, and black yarn with a composition by weight of 71.1% one-ply rayon filament yarns, a 19.2% one-ply polyester filament yarn, and a 9.7% one-ply metalized (mylar type) strip; a 3-ply beige yarn with a composition by weight of a 63.6% one-ply rayon filament yarn, a 16.4% one-ply polyester filament yarn, and a 20.0% one-ply polyester strip. The overall fiber content of the garment is 78.8% rayon, 10.5% polyester, 4.5% polyester strip, and 6.2% metalized (mylar type) strip. Your sample is being returned. The applicable subheading for the cardigan will be 6110.90.9078, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters…and similar articles, knitted: of other textile materials: subject to manmade fiber restraints: women’s. The duty rate will be 6% ad valorem. The cardigan falls within textile category designation 639. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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 Mike Crowley at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division