CLA-2-61:RR:NC:TA:359 C81295
Ms. Saro Sritharan
Cathy Daniels, Ltd.
Import Department
1411 Broadway
New York, NY 10018
RE: The tariff classification of women's knitwear from the Dominican Republic.
Dear Ms. Sritharan:
You submitted two samples of women's knitted wearing apparel. These samples were destroyed during our laboratory analysis. The country of origin is the Dominican Republic.
Style 8111/3111/5111 is a woman's knitted cardigan with long sleeves and a full-front opening that buttons to the neck of the wearer. The cardigan has a shirt-type collar, a front placket with seven buttoned closures, a rib-knit waistband and rib cuffs. The fabric of the cardigan has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that its fiber content is 75% acrylic, 15% metallic and 10% acetate.
Style 8107/3107/5107 is a woman's knitted pullover with a round, hemmed neck and short, hemmed sleeves. The bottom is also hemmed and it has side slits, as well. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. You state that its fiber content is 85% acrylic and 15% metallic.
In order to verify the fiber content of the samples and to analyze the yarn structure of the fabric, we have submitted them to the U.S. Customs Laboratory in New York. The laboratory has reported that the over all fiber content of the cardigan, Style 8111/3111/5111, is 73% acrylic, 8.1% polyester, 7.2% acetate, and 11.7% metallized yarns (combined). The laboratory has also reported that the cardigan consists of four single ply acrylic yarns; three 3-ply metallized yarns that are composed of two 1-ply nylon yarns wrapped around a single ply mylar-type silver metallic; single ply acetate yarns (number not specified); single ply polyester yarns (number not specified); and three additional 3-ply metallized yarns that are composed of two 1-ply nylon yarns wrapped around a single ply mylar-type gold metallic. The metallized yarns consist, by weight, of 61.3% silver mylar-type metallic and 38.7% nylon. The additional metallized yarns consist, by weight, of 61.9% gold mylar-type metallic and 38.1% nylon.
The laboratory has further reported that the pullover, Style 8107/3107/5107, has an overall fiber content of 64.6% acrylic, 20.3% acetate and 15.1% metallized yarns. The composition of the fabric was found to consist of three single ply yarns, two of which are acrylic while one is acetate, and one 3-ply metallized yarn. The metallized yarn consists of two single ply nylon strands wrapped around a single ply gold mylar-type metallic strand. The fiber distribution by weight, is 38.9% nylon and 61% gold mylar-type metallic.
The applicable subheading for the cardigan and pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, other, women's. The duty rate will be 33.3% ad valorem.
The cardigan and the pullover fall within textile category designation 639. Based upon international textile trade agreements products of the Dominican Republic are subject to quota restraints and the requirement of a visa.
The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
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 Mike Crowley at 212-466-5852.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division