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NY J87842




August 20, 2003

CLA-2-61:RR:NC:TA:N3:356 J87842

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Donna Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, N.Y. 10004

RE: The tariff classification of a men’s knit cardigan from China.

Dear Ms. Shira:

In your letter dated August 5, 2003, you requested a tariff classification ruling on behalf of Warnaco, Inc. As requested, your sample will be returned.

Style M5158 is a men’s cardigan constructed from 94 percent polyester, 6 percent spandex, finely knit fabric that is napped on the inside surface. The fabric measures 36 stitches per two centimeters counted in the horizontal direction. The cardigan features a stand-up collar; a full front opening with a zippered closure; a sewn on label at the rear neckline below the collar; long, hemmed sleeves; and a straight, hemmed bottom.

The applicable subheading for Style M5158 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: men's or boys'. The rate of duty will be 32.2 percent ad valorem.

Style M5158 falls within textile category designation 638. Based upon international textile trade agreements, products of China 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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