CLA-2-61:OT:RR:NC:N3:359
Ms. Lena Rainbow
PVH Corporation
200 Madison Avenue
New York, NY 10016
RE: The tariff classification of a woman’s garment from Jordan.
Dear Ms. Rainbow:
In your letter dated November 8, 2013, you requested a tariff classification ruling. The submitted garment is being returned as per your request.
Style LC1714 is a “Calvin Klein” label woman’s pullover with a fiber content that is stated to be 94% rayon and 6% metallic. Upon examination, the garment appears to be made of a plied yarn containing metallic. The outer surface of the garment fabric measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a crew neck with a ribbed knit neckband, large keyhole openings at the top of the sleeves, and long sleeves with three faux button closures at the sleeve endings. The garment bottom and the sleeve endings have a ribbed knit finish. 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.
The applicable subheading for the garment 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: Of other textile materials: Other: 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).
You have stated that style LC1714 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