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

NY L89923 February 6, 2006 CLA-2-61:RR:NC:TA:359 L89923 CATEGORY: Classification TARIFF NO.: 6110.30.3059 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 pullover from Hong Kong Dear Ms. Fox: In your letter dated January 20, 2006, on behalf of Jones Apparel Group, you requested a tariff classification ruling. Your sample is being returned as requested. Style number WFHD13458 (silver) is a woman’s pullover. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The pullover features a lace neckline, short sleeves and a tubular hemmed bottom. You state that the fiber content is 87% rayon, 8% polyester, 4% metallic and 1% nylon, knit fabric with a man-made fiber lining. You also state that the garment does not meet the requirements of Chapter 61, Note 6 of the 2006 Harmonized Tariff Schedule of the United States (HTSUS). You included a metallic lab test with this letter. The lab reports that the fabric of style WFHD13458 ( the outer shell) is composed of two yarns. The first yarn is composed wholly of 100% rayon. The second yarn is composed of 66.3% polyester, 33.7% metallic with one-ply 100% polyester and one-ply metallic. The relative weight by percentage of the first yarn of the outer shell is 62.6% rayon and the second yarn, 12.2% polyester/metallic. The overall fiber content of the garment is 86.9% rayon, 8.1% polyester, 4.1% metallic, and .9% nylon. Please note that a yarn that contains any amount of metal is regarded in its entirety as “metallized 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. The applicable subheading for the pullover will be 6110.30.3059, (HTSUS), which provides for pullovers, knitted: of manmade fibers: other…other: women’s: other. The rate of duty will be 32% ad valorem. The pullover falls within textile category designation 639. 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