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NY K81854





December 22, 2003
CLA-2-61:RR:NC:TA:359 K81854

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.30.3050

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

RE: The tariff classification of a woman’s pullover and a man’s pullover from China

Dear Ms. Morelli:

In your letter dated December 5, 2004 you requested a tariff classification ruling.

You submitted two samples. Style number 110340 is a woman’s sleeveless pullover that is constructed from 94% polyester, 6% spandex, knit fabric and style 210340 is a man’s sleeveless pullover that is constructed from the same fabric. The outer surface of each garment measures more than 9 stitches per 2 centimeters in the horizontal direction. Each pullover features shoulder straps, a racer back, oversize armholes, 2 pockets on the center back panel in the waist area, and a hemmed bottom. Style 110340 has a scoop neckline and a “Saucony” logo on the top center back. Style 210340 has a round neckline and a “Saucony” logo on the left chest.

Your samples are being returned as requested.

The applicable subheading for style 110340 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of man made fibers: otherother. The rate of duty will be 32.2% ad valorem for 2003 and 32% ad valorem for 2004.

The subheading for style 210340 will be 6110.30.3050, which provides for pullovers, knitted: of man made fibers: otherother: men’s. The rate of duty will be 32.2% ad valorem for 2003 and 32% ad valorem for 2004.

Style 110340 falls within textile category designation 639. Style 210340 falls in category 638. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs 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 Specialist Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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