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NY C80124




November 7, 1997

CLA-2-61:RR:NC:TA:N3:356 C80124

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1520; 6110.30.3050

Mr. Arthur Danforth
Hyde Athletic Industries, Inc.
Centennial Park, P.O. Box 6046
Peabody, MA 01961

RE: The tariff classification of men's knit garments from China, Hong Kong, or Thailand.

Dear Mr. Danforth:

In your letter dated October 1, 1997, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 43737 is a pair of men's tight fitting pants constructed from 46 percent nylon, 46 percent polyester, 8 percent spandex finely knit fabric. The garment features a tunnel elastic waistband with an inside flat braided drawstring; and covered elastic at the ankles. A woven fabric label is sewn to the upper left hip below the waistband. You have stated that the garment is cut to men's sizing and is designed for use in exercise and cross training activities.

Style 34021 is a men's pullover garment constructed from 100 percent polyester, finely knit fabric. The garment features a partial front opening with a zippered closure; a spread collar; short sleeves finished with narrow capping; three pouch pockets located below the waist on the rear panel; and a hemmed bottom with an extended tail and side slits. You have stated that the garment is made to men's sizing and is designed for use when bicycling.

The applicable subheading for Style 43737 will be 6103.43.1520, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys'... trousers, ... knitted or crocheted: of synthetic fibers: other: trousers and breeches: men's. The duty rate will be 29.5 percent ad valorem. The applicable subheading for Style 34021 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: men's or boys'. The duty rate will be 33.5 percent ad valorem.

Style 43737 falls within textile category designation 647. Style 34021 falls within textile category designation 638. Based upon international textile trade agreements, products of China, Hong Kong, and Thailand are subject to a visa requirement and quota restraints.

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 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 this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division

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