The tariff classification of a woman’s sweater from China.

N188440 April 10, 2012 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.90.9030 Mr. Michael S. McCullough Vandegrift Forwarding Company, Inc. 9317 Cheshire Road Sunbury, OH 43074 RE: The tariff classification of a woman’s sweater from China. Dear Mr. McCullough: In your letter dated July 27, 2011 you requested a classification ruling on behalf of your client CFL Commercial Offshore De Macau Ltd. As requested, your sample is being returned to you. The submitted sample, style 1031, is a woman’s sweater. You have indicated that the garment is constructed from 85% nylon and 15% metallic knit fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction the stitches were formed. The garment features a scooped front neckline, a rounded back neckline, long sleeves, a back panel that is approximately three inches longer than the front panel, and vented bottom side seams. The garment extends from the shoulders to below the waist. In order to classify this sample we have sent it to the U.S. Customs and Border Protection laboratory. The laboratory has determined that the garment is composed of a 3-ply metalized yarn. The 3-ply metalized yarn is constructed of a 2- ply metalized yarn (45.1% by weight) composed of 1-ply nylon filament yarn and 1-ply metalized yarn and a 1-ply nylon translucent monofilament yarn (54.9% by weight). The overall composition of the sample is 83.6% nylon filament yarn and 16.4% metalized yarn knit fabric. Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic is considered an "other fiber," for purposes of classification at the six and eight digit levels. Based on the laboratory analysis, the garment is constructed using a single yarn that includes metallic fibers. As such, the garment is considered to be of "other fibers." At the statistical level, in order to determine whether the garments are "subject to restraints," each type of fiber is considered separately. Because the nylon fibers equal or exceed 50 percent by weight of all the fibers present, the garment is considered to be "subject to man-made restraints". The applicable subheading for the sweater will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of other textile materials (con): Other (con): Sweaters for women or girls: subject to man-made fiber restraints. The duty rate will be 6% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Francine Vivona-Brock at 646-733-3049. Sincerely, Thomas J. Russo Director National Commodity Specialist Division