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NY K89906




October 26, 2004

CLA-2-61:RR:NC:TA:N3:356 K89906

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6110.30.3030; 6110.20.2030; 6110.20.2065

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

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

Dear Mr. Hoffacker:

In your letter dated September 27, 2004, you requested a tariff classification ruling on behalf of Alpha Shirt Company. As requested, your samples will be returned.

Style D750 is a men’s jacket constructed from a bonded fabric consisting of an inner and an outer layer of 100 percent polyester, finely knit, brushed pile fabric, and a middle layer of a polyurethane membrane. Style D750 features a stand-up collar, a full front opening with a zippered closure; long sleeves with elasticized capping at the cuffs; zippered inset pockets below the waist; inner pockets on the inside front panels; and a straight bottom with elasticized capping.

Style D760 is a men’s vest constructed from a bonded fabric consisting of an inner and an outer layer of 100 percent polyester, finely knit, brushed pile fabric, and a middle layer of a polyurethane membrane. Style D760 is sleeveless and features oversized armholes finished with elasticized capping; a stand-up collar; a full front opening with a zippered closure; zippered inset pockets below the waist; and a straight bottom with elasticized capping.

Style DG910 is a men’s vest constructed from 100 percent cotton, interlock knit fabric that measures 23 stitches per two centimeters counted in the horizontal direction. Style DG910 is sleeveless and features a rib knit V-neckline; oversized armholes finished with a rib knit edging; and rib knit bottom.

Style DG930 is a men’s pullover garment constructed from 100 percent cotton, interlock knit fabric that measures 23 stitches per two centimeters counted in the horizontal direction. Style DG930 features a partial front opening with a zippered closure; long sleeves with rib knit cuffs; and a rib knit bottom.

The applicable subheading for Style D750 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets) windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men’s. The rate of duty is 28.2 percent ad valorem.

The applicable subheading for Style D760 will be 6110.30.3030, 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: vests, other than sweater vests: men’s or boys’. The rate of duty is 32 percent ad valorem.

The applicable subheading for Style DG910 will be 6110.20.2030, 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: vests, other than sweater vests: men’s or boys’. The rate of duty is 16.5 percent ad valorem.

The applicable subheading for Style DG930 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 16.5 percent ad valorem.

Style D750 falls within textile category designation 634. Style D760 falls within textile category designation 659. Based upon international textile trade agreements, products of Jordan are not presently subject to visa requirements or quota restraints.

Style DG910 falls within textile category designation 359. Style DG930 falls within textile category designation 338. 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 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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