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

N035862 October 6, 2008 CLA-2-61:OT:RR:NC:TA:359 CATEGORY: Classification TARIFF NO.: 6110.90.9030 Ms. Laura Siegel Rabinowitz Sandler, Travis & Rosenberg, P.A. 551 Fifth Avenue NY, NY 10176 RE: The tariff classification of a women’s sweater from China. Dear Ms. Rabinowitz: In your letter dated August 14, 2008, you requested a classification ruling on behalf of Brilliant Global, Ltd. Your sample is being returned. Style 00232710 is a women’s long sleeve cardigan sweater constructed of a novelty knit fabric which you have indicated is made of 87.8% acrylic, 9.3% wool, 1.9% polyester, and 1% metallic. The outer surface of the cardigan measures fewer than nine stitches per two centimeters in the horizontal direction. The garment features a rounded neckline and a 6 button full front opening. The neckband, placket, bottom band and cuffs are made of a 1 x 1 rib knitted fabric. The garment reaches to below the waist. In order to classify your sweater we have submitted it to the U.S. Customs and Border Protection Laboratory for an analysis of its fiber content and yarn structure. The laboratory has reported that the fabric is composed of a 3-ply metallic yarn which consists of a single ply of acrylic/wool staple yarn (97.1% by weight of the entire fabric) which has been twisted together with a 2-ply yarn containing 1-ply of filament polyester and 1-ply of mylar type metallic (2.9% by weight of the entire fabric). The acrylic/wool staple yarn has the following composition by weight: 90.6%. staple acrylic 9.4% staple wool. The metallic yarn has the following composition by weight: 65.3% filament polyester, 34.7% mylar type metalized yarn. The sample garment is composed of metallic yarn and has the following overall composition by weight: 88% staple acrylic, 9.1% staple wool, 1.9% filament polyester, 1% metalized yarn (mylar type). The applicable subheading for the garment 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: Of other textile materials: Other: Sweater for women or girls: Subject to man-made fiber restraints. The duty rate 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 World Wide Web at http://www.usitc.gov/tata/hts/. The garment falls 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. 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 Francine Vivona-Brock at (646) 733-3049. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division