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NY H88771




February 26, 2002

CLA-2-61:RR:NC:TA:358 H88771

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6111.30.4000

Claudine Donner
Alex & Me Company
4510 N. 86th Place
Scottsdale, AZ 85251

RE: The tariff classification of a unisex pullover from Australia

Dear Ms. Donner:

In your letter, received by the U.S. Customs Service on February 21, 2002, you requested a classification ruling.

Stated to be intended for use as swimwear, the submitted sample, which is manufactured from knitted fabric of 100% polyester, is a very close-fitting, upper-body garment, slightly longer in the back than in the front, styled by a stand-up neckline, and by short, banded, raglan sleeves.

The applicable subheading for the garment in infants’ sizes will be 6111.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments; knitted; of synthetic fibers; pulloversexcept those imported as parts of sets; and for the garment in larger sizes will be 6110.30.3055, which provides for pullovers; knitted; of man-made fibers; other; other; other; other; other; women’s or girls’. The duty rates will be 30.9 and 32.4 per cent ad valorem, respectively.

In infants’ sizes the garment falls within textile category designation 239 and in larger sizes within 639. Based upon international textile trade agreements products of Australia are not presently subject to quota nor 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 the ruling 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 the ruling, contact National Import Specialist Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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