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NY K87438




July 23, 2004
CLA-2-61:RR:NC:TA:N3:356 K87438

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050; 6114.30.3060

Ms. Jennifer L. Barker
Source International, Inc.
2201 River Road
Louisville, KY 40206

RE: The tariff classification of boys’ football pants and football jerseys from China.

Dear Ms. Barker:

In your letter dated July 6, 2004, you requested a tariff classification ruling on behalf of Pro Status, Inc.

The first sample is a boys’ football jersey. The garment is constructed from 100 percent polyester, finely knit fabric that measures more than nine stitches per two centimeters counted in the horizontal direction. The front and back yokes and the sleeves are constructed from finely knit interlock fabric. The remainder of the garment is constructed from finely knit mesh fabric. The garment features a rib knit crossover V-neckline; short sleeves with tunnel elastic cuffs; and a straight, hemmed bottom.

The second sample is a pair of football pants. The pants are constructed from 100% polyester, finely knit fabric. The pants extend to just below the knee and feature an elastic waistband; a laced front with a double D-ring closure; large inside pockets where protective pads are inserted; internal waistband snaps used for the attachment of protective hip and rear pads; and tunnel elastic at the leg openings.

The applicable subheading for the football jersey 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 percent ad valorem.

The applicable subheading for the football pants will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for: other garments, knitted or crocheted: of man-made fibers: other: other: men's or boys'. The duty rate will be 14.9 percent ad valorem.

The football jersey falls within textile category designation 638. The football pants fall within textile category designation 659. 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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