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NY I87394




November 7, 2002

CLA-2-61:RR:NC:TA:N3:356 I87394

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Kayo Yamazaki
Winds Enterprises, Inc.
2003 Western Avenue, Suite #360
Seattle, WA 98121

RE: The tariff classification of men’s knit pullover garments from Macau.

Dear Ms. Yamazaki:

In your letter dated October 2, 2002, you requested a tariff classification ruling on behalf of Bike Athletic Company. As requested, your samples will be returned.

Style X504, identified as a “Sleeveless Performance Shirt”, is a men’s pullover garment constructed from 90 percent nylon, 10 percent spandex, finely knit jersey fabric that measures 38 stitches per 2 centimeters counted in the horizontal direction. The garment is sleeveless and features a rib knit mock turtleneck; hemmed armholes; ribbed fabric construction at the sides; and a rib knit bottom.

Style X701, identified as a “ Long Sleeve Performance Shirt”, is a men’s pullover garment constructed from 90 percent nylon, 10 percent spandex, finely knit jersey fabric that measures 38 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit mock turtleneck; long, raglan sleeves with rib knit cuffs; ribbed fabric construction at the sides; and a rib knit bottom.

The applicable subheading for Styles X504 and X701 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 rate of duty will be 32.4 per cent ad valorem.

Styles X504 and X701 fall within textile category designation 638. Based upon international textile trade agreements, products of Macau are subject to visa requirements and quota restraints.

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 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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