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NY J85432




July 9, 2003

CLA-2-61:RR:NC:TA:N3:356 J85432

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd., Suite 728
Long Beach, CA 90802

RE: The tariff classification of a men’s knit garment from China and Taiwan.

Dear Ms. Denny:

In your letter dated June 3, 2003, you requested a tariff classification ruling on behalf of Fox Racing USA. As requested, your sample will be returned.

Item 02153 L/S is a men’s pullover garment, described as a “snowboarding shirt”. The pullover is constructed from 75 percent polyester, 25 percent cotton, double knit fabric that measures 35 stitches per two centimeters counted in the horizontal direction. The garment features a self-fabric crew neck; long, hemmed sleeves with self-fabric cuffs; an embroidered logo on the left sleeve; and a straight bottom with a curved tail. The bottom edge is finished with overlock stitching.

You state that Item 02153 L/S will be worn under a shirt or a jacket and suggest classification in HTS 6114 as a top or alternatively as a T-shirt in HTS 6109. The garment is precluded from classification as a T-shirt because of the use of the double knit fabric and is more specifically provided for in the provisions for knit pullovers in HTS 6110.

The applicable subheading for Style 02153 L/S 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 02153 L/S falls 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

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