The tariff classification of four women’s pullovers from China.

N203855 June 19, 2012 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.90.9082 Mr. Chen-Wei Chang Draper’s & Damon’s 9 Pasteur Irvine, CA 92618 RE: The tariff classification of four women’s pullovers from China. Dear Mr. Chang: In your letter dated February 2, 2012 you requested a classification ruling. As requested, your four samples are being returned to you. The submitted sample, style M06400, is a woman’s pullover constructed of a 1x1 ribbed knit fabric. You have indicated that the garment is constructed from 82% rayon, 11% polyester, and 7% metallic knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment extends from the shoulders to below the waist. The garment features a stand-up rib knit collar with a partial rear zipper closure, long sleeves with rib knit cuffs, and a straight tight fitting rib knit bottom band. 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 4 ply metallic yarn composed of a two-ply rayon yarn (81.5% by weight) twisted with a two-ply metallic yarn (18.5% by weight). The 2 ply metallic yarn is constructed of a one ply metallic yarn (35.3% by weight) twisted with a one ply polyester filament yarn (64.7% by weight). The overall composition of the sample is 81.5% rayon, 12% polyester, and 6.5% metallic knit fabric. The submitted sample, style M06394, is a woman’s “Draper’s & Damons” label pullover constructed of a 1x1 ribbed knit fabric. You have indicated that the garment is constructed from 82% rayon, 11% polyester, and 7% metallic knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment extends from the shoulders to below the waist. The garment features a round front neckline with rib knit trim, short sleeves with rib knit bottoms, and a straight self-start rib knit garment bottom. 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 4 ply metallic yarn composed of a two-ply rayon yarn (81.6% by weight) twisted with a two-ply metallic yarn (18.4% by weight). The 2 ply metallic yarn is constructed of a one ply metallic yarn (34.9% by weight) twisted with a one ply polyester filament yarn (65.1% by weight). The overall composition of the sample is 81.6% rayon, 12% polyester, and 6.4% metallic knit fabric. The submitted sample, style M06397, is a woman’s “Draper’s & Damons” label sleeveless pullover constructed of a 1x1 ribbed knit fabric. You have indicated that the garment is constructed from 82% rayon, 11% polyester, and 7% metallic knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment extends from the shoulders to below the waist. The garment features a round front neckline with rib knit trim, rib knit trim at the arm openings, and a straight self-start rib knit garment bottom. 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 4 ply metallic yarn composed of a two-ply rayon yarn (81.9% by weight) twisted with a two-ply metallic yarn (18.1% by weight). The 2 ply metallic yarn is constructed of a one ply metallic yarn (32.6% by weight) twisted with a one ply polyester filament yarn (67.4% by weight). The overall composition of the sample is 81.9% rayon, 12.2% polyester, and 5.9% metallic knit fabric. The submitted sample, style M06403, is a woman’s pullover constructed of a 1x1 ribbed knit fabric. You have indicated that the garment is constructed from 82% rayon, 11% polyester, and 7% metallic knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment extends from the shoulders to below the waist. The garment features a stand-up rib knit collar with a partial rear zipper closure, short sleeves with rib knit edging, and a snug self-start rib knit garment bottom. 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 4 ply metallic yarn composed of a two-ply rayon yarn (81.3% by weight) twisted with a two-ply metallic yarn (18.7% by weight). The 2 ply metallic yarn is constructed of a one ply metallic yarn (35.3% by weight) and a one ply polyester multi-filament yarn (64.7% by weight). The overall composition of the sample is 81.3% rayon, 12.1% polyester, and 6.6% metallic knit fabric. Because the garments are 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 garments are constructed using a single yarn that includes metallic fibers. As such, the garments are considered to be of "other fibers."  At the statistical level, in order to determine whether the garment is "subject to restraints," each type of fiber is considered separately. Because the man-made fibers equal or exceed 50 percent by weight of all the component fibers present, the garment is considered to be “subject to man-made restraints”. Therefore, the garments are properly classified under 6110.90.9082, HTSUS. The applicable subheading for styles M06403, M06400, M06394, and M06397 will be 6110.90.9082, 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): Subject to man-made fiber restraints: Women’s or girls’: Other. 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