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NY J83925




June 2, 2003

CLA-2-61:RR:NC:TA:N3:356 J83925

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Lisa Zwaga
LaCrosse Footwear Inc.
DBA LaCrosse Rainfair Safety Products
18550 NE Riverside Parkway
Portland, OR 97230

RE: The tariff classification of men’s knit garments from Colombia, Mexico and China.

Dear Ms. Zwaga:

In your letter dated April 24, 2003, you requested a tariff classification ruling. As requested, your sample will be returned.

Style LF3W22 is a men’s pullover garment constructed from 100 percent polyester, finely knit jersey fabric that measures 23 stitches per two centimeters counted in the horizontal direction. Style LF3W22 has a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. Two inch wide strips of high visibility reflective heat seal tape have been applied to the front and back panels to increase safety within industrial situations. The same garment will be imported in a different color as Style LF3W23.

The applicable subheading for Styles LF3W22 and LF3W23 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 general rate of duty is 32.2 per cent ad valorem.

Styles LF3W22 and LF3W23 fall within textile category designation 638. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints. Products of Colombia are subject to visa requirements. Products of Mexico are not presently subject to visa requirements or quota restraints.

You also inquired as to the applicable duty if the jersey knit fabric is exported from the United States to Colombia, Mexico or China and is cut, sewn or otherwise manufactured in those countries and then imported back into the United States. The general rate of duty shown above would apply to such merchandise manufactured in China. Special rates of duty may be applicable for such merchandise if imported from Mexico or Colombia. However, we are unable to advise whether the merchandise would qualify for special duty rates without specific production details, including information as whether the polyester yarn is of staple or filament fibers, where the fibers are spun into yarn and where the yarn is knit into fabric. For merchandise from Columbia, please refer to General Note 11 and Chapter 98, subchapter XXI, HTSUS. For merchandise from Mexico, please refer to General Note 12, HTSUS.

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 Textile Status Report for Absolute Quotas, which is available at our Web Site at www.cpb.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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