CLA-2-61:OT:RR:NC:3:359

Mr. Peter Salvato
Import Commodity Group LTD
131 East Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of a woman’s pullover from China.

Dear Mr. Salvato:

In your letters dated September 24, 2009 and October 6, 2009 you requested a classification ruling on behalf of your client Loyaltex Sourcing. As requested, your sample is being returned to you. Style 79161 is a woman’s “alfred dunner” label pullover. You have advised that the overall fiber content of style 79161 is 60% acrylic, 27% wool, 9% polyester, and 4% 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 features plastic beads and faux rhinestones sewn on the front panel, long sleeves with tubular bottoms, and a straight tubular 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 6-ply metalized yarn. The 6-ply metalized yarn is composed of two 2-ply wool and acrylic blend staple yarns twisted with a ply of polyester filament yarn and a mylar type metalized strip. The overall composition of the sample is 61.5% acrylic, 25.7% wool, 8.5% polyester, and 4.3% metalized (mylar type strip) jersey printed knit fabric.

The applicable subheading for the pullover will be 6110.90.9077, 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: Other: Subject to wool restraints: Women’s or girls’. 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,

Robert B. Swierupski
Director,
National Commodity
Specialist Division