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NY J88835




October 10, 2003

CLA-2-61:RR:NC:TA:N3:356 J88835

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

Mr. Miguel Rivera
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

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

Dear Mr. Rivera:

In your letter dated September 12, 2003, you requested a tariff classification ruling on behalf of Ecko Complex, LLC. As requested, your sample will be returned.

Style HO3-34170 “Apress Sweater” is a men’s pullover garment constructed from 100 percent cotton, 3x3 rib knit fabric that measures 16 stitches per two centimeters counted in the horizontal direction. Style HO3-34170 features a rib knit turtleneck; long self-finished sleeves; an embroidered applique across the center chest; an embroidered patch on the left sleeve; and a self-finished bottom.

Although you state that you believe that the proper classification for this garment is as a sweatshirt in HTS 6110.20.2040, Style H03-34170 does not have the styling features (tightening at the cuffs and bottom) nor fabric construction (closely knit, unpatterned fabric significantly napped on the inside surface) that is required for sweatshirt classification.

Consequently, the applicable subheading for Style HO3-34170 will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The rate of duty will be 16.9 percent ad valorem.

Style HO3-34170 falls within textile category designation 338. 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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