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NY I89379




January 9, 2003

CLA-2-61:RR:NC:TA:N3:356 I89379

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050; 6103.43.1550

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of men’s knit garments from China, the Philippines and Taiwan.

Dear Mr. Mento:

In your letter dated December 23, 2002, you requested a tariff classification ruling on behalf of KP Sports, Inc. dba Under Armour Performance Apparel. As requested, your samples will be returned.

Style 0032 is a men’s pullover garment constructed from 81 percent polyester, 19 percent elastane, finely knit fabric that measures 44 stitches per two centimeters counted in the horizontal direction. Style 0032 has a self-fabric crew neckline; long, hemmed sleeves; large heat seal logos on the left chest and below the rear neckline; and a straight, hemmed bottom.

Style 0038 is a men’s pullover garment constructed from 81 percent polyester, 19 percent elastane, finely knit fabric that measures 44 stitches per two centimeters counted in the horizontal direction. Style 0038 is sleeveless and has a self-fabric crew neckline; large heat seal logos on the left chest and below the rear neckline; hemmed armholes; and a straight, hemmed bottom.

Style 0039 is a men’s pullover garment constructed from 81 percent polyester, 19 percent elastane, finely knit fabric that measures 44 stitches per two centimeters counted in the horizontal direction. Style 0039 has a self-fabric crew neckline; short, hemmed sleeves; large heat seal logos on the left chest and below the rear neckline; and a straight, hemmed bottom.

Style 0088 is a pair of men’s shorts constructed from 81 percent polyester, 19 percent elastane, finely knit fabric. Style 0088 has a tunnel elastic waistband with an inside drawcord; a heat seal logo on the right leg; a woven fabric label on the outer rear waistband; and hemmed leg openings.

The applicable subheading for Styles 0032, 0038 and 0039 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 32.2 per cent ad valorem.

The applicable subheading for Style 0088 will be 6103.43.1550, Harmonized Tariff Schedule of the United States, (HTS), which provides for men’s and boys’ breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: shorts: men’s. The rate of duty will be 28.4 percent ad valorem.

Styles 0032, 0038 and 0039 fall within textile category designation 638. Style 0088 falls within textile category designation 647. Based upon international textile trade agreements, products of China, the Philippines and Taiwan 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

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