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January 13, 1999

CLA-2-61:RR:NC:TA:N3:356 D85091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065; 6110.30.3030; 6110.30.3050

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

RE: The tariff classification of men’s knit garments from China and Hong Kong.

Dear Mr. Maloney:

In your letter dated December 9, 1998, on behalf of Deckers Outdoor Corporation, you requested a tariff clas?si?fi??ca?tion ruling. As requested, your samples will be returned.

Style 34239 (Fat Chance Pullover) is a men’s pullover garment constructed from 100 percent cotton, finely knit jersey fabric which is napped on the inside surface. The fabric measures more than 9 stitches per 2 centimeters counted in the horizontal direction. Style 34239 (Fat Chance Pullover) features a partial front opening with a zipper closure; a mock turtle neck; a half moon patch; a hanger loop at the rear neckline; long, hemmed sleeves; and a hemmed bottom with side slits and a tail. There is a triangular leather patch with a logo at the base of the zipper.

Style 34419 (Micro Fleece Vest) is a men’s vest constructed from 100 percent polyester, finely knit fabric which is napped on the inside and outside surfaces. The fabric measures more than nine stitches per 2 centimeters counted in the horizontal direction. Style 34419 (Micro Fleece Vest) features a full front opening with a zippered closure; a convertible stand-up collar; oversized armholes; two zippered pockets at the waist; a zippered pocket at the right shoulder; embroidered logos on the rear collar and the right side panel; and a drawcord at the bottom. There are nylon woven overlays on the collar, across the shoulders, and on the side panels. Style 34219 (Micro Fleece Pullover) is a men’s pullover garment constructed from 100 percent polyester, finely knit fabric which is napped on the inside and outside surfaces. The fabric measures more than nine stitches per 2 centimeters counted in the horizontal direction. Style 34219 (Micro Fleece Pullover) features a partial front opening with a zippered closure; a convertible stand-up collar; long sleeves with fabric covered elastic cuffs; a zippered pocket on the left sleeve; two zippered pockets at the waist; embroidered logos on the rear collar and the right side panel; and a drawcord at the bottom. There are nylon woven overlays on the collar; on the underside of each sleeve; and on the side panels.

The applicable subheading for Style 34239 (Fat Chance Pullover) will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men’s or boys’. ??The duty rate is 18.6 percent ad valorem.

The applicable subheading for Style 34419 (Micro Fleece Vest) will be 6110.30.3030, 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: vests, other than sweater vests: men’s or boys’. ??The duty rate is 33.1 percent ad valorem.

The applicable subheading for Style 34219 (Micro Fleece Pullover) 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 is 33.1 percent ad valorem.

Style 34239 falls within textile category designation 338. Style 34419 falls within textile category designation 659. Style 34219 falls within textile category designation 638. Based upon international textile trade agreements products of China and Hong Hong are subject to quota restraints and a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the sub?ject mer?chan?dise may be affected. Since part categories are the result of in?ter??na?tion??al bilateral agreements which are sub?ject to frequent re?ne?go?ti?a?tions and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Cur?rent Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for in?spec?tion 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 listed above should be provided with 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

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