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NY J84356




May 30, 2003

CLA-2-61:RR:NC:TA:N3:356 J84356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050; 6110.30.3055

Ms. Susan Morelli
Saucony, Inc.
13 Centennial Drive
Peabody, MA 01960

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

Dear Ms. Morelli:

In your letter dated April 25, 2003, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 119305 “Thermaflow Phoebe” is a woman’s pullover constructed from 100% polyester knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction. The garment features a V-shaped neckline, long capped sleeves and a hemmed bottom.

Style 219320 “Thermaflow Echo” is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style 219320 features a crew neckline with self-fabric capping; long, hemmed sleeves; pieced inserts on the sleeves and at the side seams; a reflective heat seal logo on the left chest; and a straight, hemmed bottom.

Style 219306 “Thermaflow Romeo” is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style 219306 features a crew neckline finished with self-fabric capping; short, raglan sleeves; pieced inserts at the shoulders and at each side panel; a reflective heat seal logo on the left chest; and a straight, hemmed bottom.

Style 219302 “Thermaflow Technical” is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style 219302 features a rib knit crew neckline; short, hemmed sleeves; a reflective heat seal logo on the left chest; and a straight, hemmed bottom with side slits.

Although you state that you believe the proper classification for Styles 219306 and 219302 is in 6109.90.1049 and 6109.90.1007, respectively, the use of the mesh knit fabric, among other features, precludes classification of these styles as T-shirts or similar garments.

The applicable subheading for Style 119305 will be 6110.30.3055 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: women’s or girls’. The rate of duty will be 32.2 per cent ad valorem

The applicable subheading for Styles 219320, 219306, and 219302 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.

Style 119305 falls within textile category designation 639. Styles 219320, 219306, and 219302 fall within textile category designation 638. Based upon international textile trade agreements, products of 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,
National Commodity

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