CLA-2-61:OT:RR:NC:3:358
Ms. Allison Wires
Global Trade Operations
7000 Target Parkway
NCD-0456
Brooklyn Park, MN 55445
RE: The tariff classification of a girls’ sweater from China.
Dear Ms.Wires:
In your letter dated April 10, 2008, on behalf of Target Corporation, you requested a classification ruling. As requested, the sample will be returned to you.
The submitted sample, style BGS-H40957D, is a girl’s sweater. The outer surface of the garment measures fewer than 9 stitches per 2 centimeters in the direction the stitches are formed. The pullover style sweater features an oversize round neckline, long sleeves with loose rib knit cuffs and a loose rib knit waistband. The style is sized for girls 7-16.
The fabric of style BGS-H40957D is composed of chenille yarn. The polyester yarn is twisted with one-ply metallic fibers. You state that the overall fiber content is 98% polyester, 2% metallic.
Please note that a yarn that contains any amount of metal is regarded in its entirety as “metallized yarn” for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal.
The applicable subheading for the girl’s sweater, style BGS-H40957D will be 6110.90.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, knitted or crocheted, of other textile materials, other, sweaters for women and girls, subject to man-made fiber restraints. The rate of duty 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/.
Style BGS-H40957D 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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 Bruce Kirschner at 646-733-3048.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division