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NY K83301




March 16, 2004
CLA-2-61:RR:NC:TA:N3:356 K83301

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.20.2010; 6110.30.3050

Mr. Thomas M. Slone
Patagonia, Inc.
259 West Santa Clara Street
Ventura, CA 93001

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

Dear Mr. Slone:

In your letter dated February 9, 2004, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 44202 is a men’s pullover garment constructed from 100 percent polyester, double knit fabric that measures 27 stitches per two centimeters counted in the horizontal direction. The pullover features a rib knit crew neckline; long, hemmed sleeves; a heat seal logo on the left chest; and a hemmed bottom with a curved tail.

Style 44263 is a men’s shirt constructed from 100 percent polyester, double knit fabric that measures 14 stitches per linear centimeter counted in the horizontal direction and 16 stitches per linear centimeter counted in the vertical direction. The shirt features a self-fabric turtleneck; a partial front opening with a zippered closure; long, hemmed sleeves; a heat seal logo on the left chest; and a hemmed bottom with a curved tail.

Style 44351 is a pullover garment constructed from 100 percent polyester, double knit fabric that measures 27 stitches per two centimeters counted in the horizontal direction. The garment features a self-fabric mock turtleneck; long, hemmed sleeves; a heat seal logo on the left chest; and a hemmed bottom with a curved tail.

Although you state that style 44351 is unisex, the garment is made to men’s specifications. Consequently, the applicable subheading for Styles 44351 and 44202 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 per cent ad valorem.

The applicable subheading for Style 44263 will be 6105.20.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ shirts, knitted or crocheted: of man-made fibers: other: men's. The rate of duty will be 32 percent ad valorem.

Styles 44351, 44263 and 44202 fall within textile category designation 638. Based upon international textile trade agreements, products of Mexico are not presently subject to visa requirements or 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, Director
National Commodity Specialist Division


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