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March 12, 1999

CLA-2-61:RR:NC:TA:N3:356 D88152

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050; 6110.30.3055

Mr. Thomas M. Slone
Patagonia Inc.
259 West Santa Clara Street
Ventura, CA 93001

RE: The tariff classification of men’s and women’s knit pullover garments from Mexico.

Dear Mr. Slone:

In your letter dated February 10, 1999, you requested a tariff clas?si?fi??ca?tion ruling. As requested, your samples will be returned.

Style 43470 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 43470 features a partial front opening with a zippered closure; a convertible collar; an embroidered logo on the left chest; long, hemmed sleeves; and a straight, hemmed bottom. You state that you are importing the same garment for outlet store distribution under Style 10618.

Style 43482 is a women’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 43482 features a partial front opening with a zippered closure; a convertible collar; an embroidered logo on the lower left portion of the front panel; long, hemmed sleeves; and a straight, hemmed bottom. You state that you are importing the same garment for outlet store distribution under Style 10626.

The applicable subheading for Styles 43470 and 10618 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 general rate of duty will be 33.1 percent ad valorem. The applicable subheading for Styles 43482 and 10626 will be 6110.30.3055, 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: women’s or girls’. ?? The general rate of duty will be 33.1 percent ad valorem.

Textile merchandise which does not qualify as “originating” under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. Styles 43470 and 10618 fall within textile category designation 638. Styles 43482 and 10626 fall within textile category designation 639. Based upon international tex?tile trade agreements, products of Mexico are subject to a visa re?quire?ment and quota restraints.

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 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,

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