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NY K85016




April 27, 2004
CLA-2-61:RR:NC:TA:359 K85016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065; 6110.20.2075

Mr. Bruce W. Tonning
Image Concepts
P.O. Box 3532
Seattle, WA 98124-3532

RE: The tariff classification of five knit pullovers from China

Dear Mr. Tonning:

In your letter dated April 2, 2004 and additional information submitted on April 14, 2004, you requested a tariff classification ruling.

You submitted five samples of knit pullovers. The outer surface of each pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. You state that the garments have a “3-D” appearance. A design printed organza fabric overlay covers the same print design that is on the fabric of the pullovers. The outline of the overlays are secured with embroidery. The print designs are in the chest area of each pullover.

Style 1131 (65% cotton, 35% polyester) and style 1134 (100% cotton) are two men’s jersey knit pullovers. Each pullover features a crew neckline, short hemmed sleeves, and a hemmed bottom. The design on style 1131 is made with a heat transfer applique that is covered by the organza fabric.

Style 2141 is a woman’s pullover constructed from 100% cotton, 1x1 rib knit fabric. The pullover features a round neckline finished with knit capping, short sleeves finished with knit capping, side slits, and a hemmed bottom.

Style 2142 is a woman’s pullover that is constructed from 100% cotton, 1x1 rib knit fabric. The pullover features a round neckline finished with knit capping, short sleeves finished with knit capping, and a straight bottom finished with knit stitching.

Style 2143 is a woman’s pullover that is constructed from 85% cotton, 15% polyester, 1x1 rib knit fabric. The pullover features a round neckline finished with knit capping, short sleeves finished with knit capping, and a hemmed bottom.

Although you suggest that the above styles are classified in heading 6109, HTS, we note that classification is precluded from heading 6109 HTS, because of the 1x1 rib construction of the women’s garments and the embroidery and organza overlays found on each of the five garments.

The applicable subheading for styles 1131 and 1134 will be 6110.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of cotton: otherother: men’s. The rate of duty will be 16.5% ad valorem.

The subheading for styles 2141, 2142, and 2143 will be 6110.20.2075, which provides for pullovers, knitted: of cotton: otherother: women’s. The rate of duty will be 16.5% ad valorem.

Styles 1131 and 1134 fall within textile category designation 338. Styles 2141, 2142, and 2143 fall in category 339. 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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