The tariff classification of a woman’s garment from China

N246747 October 24, 2013 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.90.9030 Mr. Shaul Ashkenazy Exist, Inc. 1650 NW 23rd Avenue Ft. Lauderdale, FL 33311 RE: The tariff classification of a woman’s garment from China Dear Mr. Ashkenazy: In your letter dated October 2, 2013, you requested a tariff classification. The submitted garment is being returned as per your request. Style 3541 is a woman’s sweater stated to be made of 98% polyester and 2% metallic knit fabric. Upon examination, the garment appears to be made of a plied yarn containing metallic. The outer surface of the fabric measures fewer than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a rib knit crew neck, long sleeves with rib knit endings, and a straight rib knit garment bottom. The garment extends from the shoulders to below the waist. Due to the composition, it is necessary to analyze each yarn in the garment to determine whether any yarn qualifies as a metalized yarn under heading 5605, 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. We are unable to rule on style 3542 because we need additional information in order to issue a ruling: - Provide an actual production sample of style 3542 in a ladies regular size medium. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, please contact National Import Specialist Peggy Fitzgerald at 646-733-3052. The applicable subheading for style 3541 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: 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). You have stated that the garment which is the subject of this ruling contains a certain percentage by weight of metalized yarns as indicated above. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply. 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 Peggy Fitzgerald at (646) 733-3052. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division