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NY L80357





November 12, 2004

CLA-2-61: RR:NC:TA:N3:356 L80357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2010

Ms. Donna Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of a men’s sweater from Hong Kong.

Dear Ms. Shira:

In your letter dated October 13, 2004, you requested a tariff classification ruling on behalf of Polo Ralph Lauren. As requested, your sample will be returned.

Style 0701460 is a men’s sweater that is constructed from two different fabrics. The sleeves and the major portion of the front and the back panels are constructed from 100 percent cotton, ribbed fabric that measures 7 stitches per two centimeters counted in the horizontal direction. The side panels are constructed from 1x1 rib knit fabric that measures 13 stitches per two centimeters counted in the horizontal direction. Style 0701460 features a rib knit collar with a button and loop closure; a full front zippered opening; long sleeves with rib knit cuffs; zippered inset pockets at the waist; and a rib knit bottom with two snap closures. The garment is fully lined with 100 percent polyester, woven fabric that is bonded to a breathable membrane. The lining does not affect the classification of the garment.

The ribbed fabric of the body and sleeves comprises over 60 percent of the surface area of the garment and imparts the essential character to the garment. Consequently, the applicable subheading for Style 0701460 will be 6110.20.2010, 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: sweaters: men's. The rate of duty is 16.5 percent ad valorem.

Style 0701460 falls within textile category designation 345. Based upon international textile trade agreements, products of Hong Kong 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 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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