The tariff classification of a woman’s knit pullover from China

NY J86900 August 21, 2003 CLA-2-61:RR:NC:TA:359 J86900 CATEGORY: Classification TARIFF NO.: 6110.30.3055 Ms. Linda Frost Priority Import Export Services 11222 La Cienega Blvd., Suite 400 Inglewood, CA 90304 RE: The tariff classification of a woman’s knit pullover from China Dear Ms. Frost: In your letter dated July 21, 2003 you requested a classification ruling on behalf of Snowmass Apparel Inc., Irvine, California. As requested, your sample is being returned to you. Your sample, style CC905, is a woman’s pullover constructed from jersey knit fabric. You state that it is made from “100% soybean protein fiber.” The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a 1x1 rib knit turtleneck collar and long sleeves. For purposes of this ruling we are assuming that what you call soybean is actually an artificial fiber derived from soybean protein. Consequently, the applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) 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. 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 information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from soybean protein. 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