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

NY L84977 May 24, 2005 CLA-2-61:RR:NC:TA:359 L84977 CATEGORY: Classification TARIFF NO.: 6110.90.9042 Ms. Melissa Fox Barthco Trade Consultants The Navy Yard 5101 South Broad Street Philadelphia, PA 19112-1404 RE: The tariff classification of a woman’s sweater from Hong Kong Dear Ms. Fox: In your letter dated May 12, 2005, on behalf of Jones Apparel Group, you requested a tariff classification ruling. Your sample is being returned as requested. The submitted sample, style MFPK22128, is a woman’s sweater that extends to mid-thigh. The outer surface of the sweater measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The sweater features a turn down collar, long sleeves with ribbed cuffs, a full front opening with 5 button closures, 2 front patch pockets below the waist, 2 belt loops, a self-fabric tie belt at the waist, and a ribbed bottom edge. You submitted a laboratory report with your letter. The lab results show that the fabric is comprised of one yarn with seven plies. One ply is metallic. The overall fiber content is 45.5% acrylic, 36% nylon, 10.2% metallic, 7.7% wool, 7% spandex. For purposes of U.S. Custom’s classification, any yarn that contains any amount of metal is regarded in its entirety as "metalized 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. Therefore, according to the information received, this garment is in chief weight of metalized yarn. The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, knitted: of other textile materials: other: sweaters for women or girls: other…other. The rate of duty will be 6% ad valorem. The sweater falls within textile category designation 845. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Camille R. Ferraro at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division