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NY F80429




January 6, 2000

CLA-2-61:RR:NC:TA:N5:356 F80429

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1520; 6105.20.2010; 6110.30.3050; 6505.90.6090

Mr. Leroy F. Berven
Global Transportation Services, Inc.
1930 Sixth Avenue South, 2nd Floor
Seattle, WA 98134

RE: The tariff classification of men’s knit garments from the Philippines.

Dear Mr. Berven:

In your letter dated December 6, 1999, you requested a tariff classification ruling on behalf of The Sportsman’s Guide, Inc.

Style 39322 (balaclava) is a hood constructed of knit 100% polyester fabric that you state is coated with polypropylene. The hood extends from the top of the head to the neck, and features a front opening for the eyes, and a covered nose and mouth.

Style 39316 is a pair of men’s pants constructed from 100 percent polyester, finely knit fabric that is napped on the inside surface. You indicate that the fabric is coated with polypropylene during the finishing process. Style 39316 features an exposed elastic waistband; an open fly with a deep placket; and rib knit cuffs at the ankles. You state that you will import the same pants in men’s tall sizes as Style 39319.

Style 39317 is a men’s shirt constructed from 100 percent polyester, finely knit fabric that is napped on the inside surface. The fabric measures 11 stitches per linear centimeter counted in the horizontal direction and 10 stitches per linear centimeter counted in the vertical direction. You indicate that the fabric is coated with polypropylene during the finishing process. Style 39317 features a partial front opening with a zippered closure; a self-fabric convertible collar; long sleeves with rib knit cuffs; and a straight, hemmed bottom. You state that you will import the same shirt in men’s tall sizes as Style 39320.

Style 39318 is a men’s pullover garment constructed from 100 percent polyester, finely knit fabric that is napped on the inside surface. The fabric measures 22 stitches per two centimeters counted in the horizontal direction. You indicate that the fabric is coated with polypropylene during the finishing process. Style 39318 features a rib knit crew neckline; long sleeves with rib knit cuffs; and a straight, hemmed bottom. You state that you will import the same garment in men’s tall sizes as Style 39321.

The applicable subheading for Style 39322 (balaclava) will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted ... in the piece (but not in strips), whether or not lined or trimmed ... Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid... Other: Other: Other.” The duty rate will be 27.9 cents per kilogram plus 9.8% ad valorem.

The applicable subheading for Styles 39316 and 39319 will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts (other than swimwear): of synthetic fibers: other: trousers and breeches: men’s. The duty rate will be 28.9 percent ad valorem.

The applicable subheading for Styles 39317 and 39320 will be 6105.20.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys shirts, knitted or crocheted: of man-made fibers: other: men's. The duty rate will be 33 percent ad valorem.

The applicable subheading for Styles 39318 and 39321 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: men's or boys'. The duty rate will be 32.9 percent ad valorem.

Style 39322 (balaclava) falls within textile category designation 659. Styles 39316 and 39319 fall within textile category designation 647. Styles 39317, 39320, 39318 and 39321 fall within textile category designation 638. Based upon international textile trade agreements, products of the Philippines are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 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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