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NY C85018




April 7, 1998

CLA-2-61:RR:NC:TA:N3:356 C85018

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6103.43.1520; 6110.30.3050; 6112.12.0010; 6112.12.0050

Mr. Manny Seligmann
Cavalier Logistics Management, Inc.
44664 Guilford Drive
Ashburn, VA 20147

RE: The tariff classification of men's knit garments from Italy and Macau.

Dear Mr. Seligmann:

In your letter, dated March 3, 1998, which was received by this office on March 11, 1998, you requested a tariff classification ruling on behalf of Kappa USA Inc. As requested, your samples will be returned.

Style 900942 is a men's pullover garment constructed from 100 percent polyester, finely knit fabric. The fabric measures more than nine stitches per two centimeters counted in the horizontal direction. Style 900942 features a rib knit double crew neckline; short sleeves with rib knit cuffs; and a hemmed bottom with side slits and a tail. There are embroidered logos on the left and right chest.

Style 350006 is a men's track suit constructed from 100 percent polyester, finely knit fabric. The track suit is composed of a jacket and a pair of pants. The jacket features a convertible collar; a full front opening with a zipper closure; long sleeves with rib knit cuffs; two side seam pockets; and a rib knit bottom. There is an embroidered logo on the left chest. The pants feature a fabric covered elasticized waistband with an inside drawstring; two side seam pockets; and hemmed leg openings. Style 350192 is a pair of men's pants constructed from 100 percent polyester, finely knit fabric. The pants feature a covered elasticized waistband with an inside drawstring; two side seam pockets and hemmed leg openings. There is a embroidered logo on the upper right leg.

Style 350205 is a men's jacket constructed from 100 percent polyester, finely knit fabric. The jacket features a convertible collar; a full front opening with a zipper closure; long sleeves with rib knit cuffs; two side seam pockets; and a rib knit bottom. There is an embroidered logo on the left chest.

The applicable subheading for Style 900942 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 33.3 percent ad valorem.

The applicable subheading for the jacket of Style 350006 will be 6112.12.0010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: track-suits, ski-suits and swimwear, knitted or crocheted: track-suits: of synthetic fibers: garments described in headings 6101 and 6102: men's or boys'. The duty rate will be 29.3 percent ad valorem.

The applicable subheading for the pants of Style 350006 will be 6112.12. 0050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: track-suits, ski-suits and swimwear, knitted or crocheted: track-suits: of synthetic fibers: trousers: men's or boys'. The duty rate will be 29.3 percent ad valorem.

The applicable subheading for Style 350205 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men's. The duty rate will be 29.3 percent ad valorem.

The applicable subheading for Style 350192 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 man-made fibers: other: men's. The duty rate will be 29.3 percent ad valorem.

Style 900942 falls within textile category designation 638. The pants of Style 350006 and Style 350192 fall within textile category designation 647. The jacket of Style 350006 and Style 350205 fall within textile category designation 634. Products of Italy are not presently subject to visa requirements or quota restraints. Products of Macau are subject to visa requirements 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

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