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NY K81444




December 22, 2003
CLA-2-61: RR:NC:TA:N3:356 K81444

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065; 6110.30.3050

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of men’s knit pullover garments from Peru.

Dear Mr. Hoffacker:

In your letter dated November 19, 2003, you requested a tariff classification ruling on behalf of Alpha Shirt Company. As requested, your samples will be returned.

Style HY114 is a men’s pullover garment constructed from 100 percent cotton, heavy weight, finely knit jersey fabric that measures 25 stitches per two centimeters counted in the horizontal direction. Style HY114 features a rib knit crew neckline; short sleeves with rib knit cuffs; and a straight, hemmed bottom.

Style HY115 is a men’s pullover garment constructed from 100 percent cotton, heavy weight, finely knit jersey fabric that measures 25 stitches per two centimeters counted in the horizontal direction. Style HY115 features a rib knit crew neckline; a triangular insert at the front neckline; short, hemmed, raglan sleeves; and a curved bottom finished with overlock stitching.

Style HY116 is a men’s pullover garment constructed from 50 percent cotton, 50 percent polyester, heavy weight, finely knit jersey fabric that measures 25 stitches per two centimeters counted in the horizontal direction. Style HY116 features a rib knit crew neckline; short sleeves with rib knit cuffs; and a straight, hemmed bottom.

At the time of entry, Customs may verify the actual fiber content of Style HY116. If the fiber content differs from the content indicated in your letter, the tariff classification may change from the information indicated below.

The applicable subheading for Styles HY114 and HY115 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 is 16.9 percent ad valorem. Effective January 1, 2004, the rate of duty will be 16.5 percent ad valorem.

The applicable subheading for Style HY116 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. Effective January 1, 2004 the duty rate will be 32 percent ad valorem.

Styles HY114 and HY115 fall within textile category designation 338. Style HY116 falls within textile category designation 638. Based upon international textile trade agreements, products of Peru are subject to visa requirements.

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 the ruling 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 the ruling, contact National Import Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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