The tariff classification of a woman’s sweater from Jordan

N286485 September 21, 2017 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.90.9030 Ms. Lena Rainbow PVH 200 Madison Ave. New York, NY 10016 RE: The tariff classification of a woman’s sweater from Jordan Dear Ms. Rainbow: In your letter dated May 17, 2017, you requested a tariff classification ruling. The response was delayed due to laboratory analysis. The sample was destroyed during laboratory analysis. Style 42F0177 is a woman’s sweater constructed, from which you state, 85 percent polyester, 13 percent metallic, 1 percent Spandex, and 1 percent other fiber knit fabric. The outer surface of the garment’s fabric measures 5.2 stitches per two centimeters in the direction the stitches were formed. The pullover features a self-fabric crew rib-knit neckline, long raglan sleeves with self-fabric rib-knit cuffs and a rib-knit bottom. Due to the composition, it is necessary to analyze each yarn in the garments to determine whether any yarn qualifies as a metalized yarn under heading 5605, Harmonized Tariff Schedule of the United States (HTSUS), and then to determine the chief weight of the fabric. The weight of all fibers present in a yarn that qualifies under heading 5605, HTSUS, is governed by Section XI, Note 2 (B) (a) at the six and eight digit level. The lab has reported that style 42F0177 is constructed of a one 2-ply metallized yarn twisted together with a nylon/elastomeric yarn. The sample has an overall composition by weight of 84.8 percent polyester, 12.7 percent metallic, 2.1 percent nylon, and 0.4 percent elastomeric weft knit fabric. For purposes of Chapter 61, statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, the outer surfaces of which are constructed essentially with 9 or fewer stitches per two centimeters measured in the direction the stitches were formed, and garments, known as sweaters, where, due to their construction, the stitches on the outer surface cannot be counted in the direction the stitches were formed. Chapter Notes 61 Statistical Notes 3, HTSUS, noted. Further, Section XI, Statistical Notes 2 (a)(i), HTSUS, states in pertinent part, “For the purposes of the tariff schedule: the term “Subject to man-made fiber restraints” means articles not provided for in (a) or (b) above the man-made fibers and any cotton, wool or fine animal hair in the aggregate, equals or exceeds 50 percent by weight of all the component fibers thereof.” Consequently, the applicable subheading for style 42F0177 will be 6110.90.9030, HTSUS, which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of other textile materials: Other: Sweaters for Women’s or girls’: subject to man-made fiber restraints. The rate of duty will be 6 percent 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 the World Wide Web at https://hts.usitc.gov/current. 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 Renée Orsat at renee.orsat@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division