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NY J82035




April 10, 2003

CLA-2-61:RR:NC:TA:N3:356 J82035

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1013; 6110.30.3050; 6114.30.2010

Mr. Charles G. Hartill, LCHB
Capital Transportation
147-217 175th Street
Jamaica, NY 11434

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

Dear Mr. Hartill:

In your letter dated March 13, 2003, you requested a tariff classification ruling on behalf of Ballet Makers, Inc. As requested, your samples will be returned.

Style 3547 is a men’s tank top constructed from 95 percent polyamide (nylon), 5 percent spandex, finely knit fabric of jersey and rib knit construction. The tank top features oversized armholes; shoulder straps that measure one and one-half inches in width; a low round front neckline; a rear neckline that falls below the nape of the neck; and a straight, hemmed bottom.

Style 3545 is a men’s pullover garment constructed from 95 percent polyamide (nylon), 5 percent spandex, finely knit fabric of jersey and rib knit construction. The fabric measures 34 stitches per two centimeters counted in the horizontal direction. Style 3545 has a crew neckline finished with self-fabric capping; short, hemmed sleeves; and a straight, hemmed bottom.

Style 3540 is a woman’s leotard constructed from 95% polyamide (nylon), 5 percent spandex. The pull-on leotard has shoulder straps and shirring under the bust.

The applicable subheading for Style 3547 will be 6109.90.1013, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of man-made fibers: tank tops and singlets: men’s. The rate of duty will be 32.2 percent ad valorem.

The applicable subheading for Style 3545 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 3540 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: other garments, knitted or crocheted: of man-made fibers: body suits and bodyshirts of fabric containing by weight 5 percent or more elastometric yarn or rubber thread. The rate of duty will be 32.2 percent ad valorem.

Styles 3545 and 3547 fall within textile category designation 638. Style 3540 falls within textile category designation 659. Based upon international textile trade agreements, products of Italy are not presently subject to visa requirements or quota restraints.

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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