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NY 873738


May 21, 1992

CLA-2-61:S:N:N3-I:356 873738

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050; 6211.33.0060

Mr. William J. Maloney
Rode and Qualey
295 Madison Avenue
New York, New York 10017

RE: The tariff classification of men's knit and woven garments from Hong Kong or the People's Republic of China.

Dear Mr. Maloney:

In a letter dated April 22, 1992, you requested a tariff clas- sification ruling on behalf of adidas USA, Inc.

Styles "Trail" and "Hiker" are men's pullover garments which are constructed from both knit and woven fabric. The knit portions of each garment are of 65 percent polyester, 35 percent cotton, finely knit fabric which is napped on the inside surface. The woven portions of each garment are of 100 percent nylon fabric.

Style "Trail" features a rib knit mock turtleneck; long sleeves with rib knit cuffs; and a rib knit waistband. The adidas logo has been embroidered on the front and back panels of the garment.

The woven portions of Style "Trail" consist of inserts which extend across the front and back portions of each shoulder and down the inner section of each sleeve to the area below the elbow; two, roughly triangular, inserts on the front panel; and two similar inserts on the back panel extending from the side seams toward the center of the garment. The remainder of the garment is of knit construction. You have indicated in your correspondence that the visible surface area consists of 51 percent woven and 49 percent knit fabric.

Style "Hiker" features a hood with a drawstring closure; a rib knit insert at the center front of the neck; long sleeves with rib knit cuffs; a kangaroo pocket at the waist; and a rib knit waistband. The adidas logo has been embroidered on the front and back panels of the garment.

The woven portions of Style "Hiker" consist of inserts which extend across the front and back portions of each shoulder and down the inner section of each sleeve to the area below the elbow; an insert across the upper chest; and two, roughly triangular, inserts on the back panel extending from the side seams toward the center of the garment. The remainder of the garment, the hood, and the kangaroo pocket are of knit construction. You have indicated in your correspondence that the visible surface area consists of 61.06 percent knit and 38.94 percent woven fabric.

Neither the knit nor the woven portions alone impart an essential character to Style "Trail". Consequently, following GRI 3(c), the applicable subheading for this garment will be 6211.33.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski suits and swimwear; other garments: other garments, men's or boys': of man-made fibers: other. The duty rate will be 17 percent ad valorem.

The essential character of Style "Hiker" is imparted by the knit portions. Consequently, the applicable subheading for this garment will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys'. The duty rate will be 34.2 percent ad valorem.

Style "Trail" falls within textile category designation 659 and Style "Hiker" falls within textile category designation 638. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and products of the People's Republic of China are subject to visa requirements and quota restraints.

As requested, your samples will be returned.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are sub- ject 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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