The tariff classification of girl’s sweaters from China.

N034218 July 30, 2008 CLA-2-61:OT:RR:NC:3:358 CATEGORY: Classification TARIFF NO.: 6110.90.9030 Ms. Laura Siegel Rabinowitz Sandler, Travis & Rosenberg, P.A. 551 Fifth Avenue New York, NY 10176 RE: The tariff classification of girl’s sweaters from China. Dear Ms. Siegel Rabinowitz: In your letter dated July 23, 2008, on behalf of Brilliant Global, Ltd., you requested a classification ruling. As requested, the samples will be returned to you. You have submitted two samples. Styles 00230555 and 00230556, are girl’s sweaters. The outer surface of the garments measure fewer than 9 stitches per 2 centimeters in the direction the fabric is formed. The pullover style sweaters feature round necklines, long sleeves with rib knit cuffs and rib knit waistbands. Both styles are sized for girls 7-16. Style 0023055, according to your laboratory report, is composed of one 83.7 acrylic, 14.7% nylon and 1.6% spandex yarn with two plies. The metallic fiber was used to form a single yarn prior to knitting. Ply one is composed of 83.7% acrylic, 14.7% nylon and 1.6% spandex. Ply two is composed of 65% polyester and 34.3% metallic. The overall fiber content is 78.6% acrylic, 13.1% nylon, 4.7%polyester, 2.3% metallic, and 1.3% spandex. The metallic yarn is pre-twisted with the 83.7% acrylic, 14.7% nylon and 1.6% spandex yarn. The fabric of style 00230556, according to your laboratory report, is composed of chenille yarn of one 46.4% polyester, 29.3% acrylic, 22.7% cotton, and 1.6% metallic yarn with two plies. The metallic fiber was used to form a single yarn prior to knitting. Ply one is composed of 47.2% polyester, 29.8% acrylic and 23% cotton. Ply two is composed of metallic yarn. The overall fiber content is 46.4% polyester, 29.3% acrylic, 22.&% cotton and 1.6% metallic. The chenille yarn and the metallic yarn are pre-twisted together. 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 girl’s sweaters, styles 00230555 and 00230556 will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, knitted or crocheted, of other textile materials, other, sweaters for women and girls, subject to man-made fiber restraints. The rate of duty 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/. Styles 00230555 and 00230556 fall within textile category 646. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Bruce Kirschner at 646-733-3048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division