The tariff classification of woman’s knitwear from China

NY J83739 August 13, 2003 CLA-2-61:RR:NC:TA-359:J83739 CATEGORY: Classification TARIFF NO.: 6110.30.3055 Ms. Graciela DeAlcon International Merchandising Wal-Mart Stores, Inc. 601 N. Walton Bentonville, Arkansas 72716 RE: The tariff classification of woman’s knitwear from China Dear Ms. DeAlcon: In your letter dated April 16, 2003, you requested a classification ruling. We are returning your sample, as requested. Style BJ-A-07921 is a woman’s knitted pullover which has a round, capped neckline, short sleeves and a tubular bottom. The pullover extends from the wearer’s neck and shoulders to below her waist. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. You state that the fiber content of the pullover is 53% bamboo, 27% lyocell, 20% nylon. In order to classify this style we have forwarded it to the U.S. Customs Laboratory at New York for an analysis of its fiber content. The laboratory has reported that the pullover consists of 62.3% staple rayon (with a trace amount of cotton) 37.7% filament nylon. Although you suggested that this garment is classified under the provision for wearing apparel of vegetable fibers, in subheading 6110.90, Harmonized Tariff Schedule of the United States (HTS), the laboratory has determined that this garment is in fact in chief weight of rayon fibers. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580, for additional information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo. The applicable subheading for the woman’s knitted pullover, Style BJ-A-07921, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32.2% ad valorem. The pullover falls within textile category designation 639. Based upon international textile trade agreements products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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