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NY J84050





June 11, 2003

CLA-2-61:RR:NC:TA:N3:356 J84050

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Jennifer Scott
Expeditors International of Washington, Inc. 21318 64th Avenue South
Kent, WA 98032

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

Dear Ms. Scott:

In your letter dated May 9, 2003, you requested a tariff classification ruling on behalf of High Five Sportswear, Inc. As requested, your samples will be returned.

The “Single Layer Dazzle Tank Top” is a men’s pullover garment that is constructed from 100 percent polyester, finely knit fabric that measures 34 stitches per two centimeters counted in the horizontal direction. The garment is sleeveless and has a high, crossover V-neckline; shoulders that measure five inches in width; hemmed armholes; and a straight, hemmed bottom.

The “Men’s Dazzle Game Jersey” is a men’s pullover garment constructed from 100 percent polyester, finely knit fabric that measures 34 stitches per two centimeters counted in the horizontal direction. The garment is sleeveless and has a rib knit V-neckline; pieced inserts at the side seams; and a straight, hemmed bottom. The armholes are finished with rib knit edging.

We are unable to classify the men’s “Dazzle Shooter Shirt” and the women’s “Dazzle Game Jersey” without a sample of the garment, in size Medium, if possible.

The applicable subheading for the men’s “Single Layer Dazzle Tank Top” and the “Men’s Dazzle Game Jersey” 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 men’s “Single Layer Dazzle Tank Top” and the “Men’s Dazzle Game Jersey” fall within textile category designation 638. Based upon international textile trade agreements, products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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