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NY L80453




December 1, 2004

CLA-2-61: RR:NC:TA:N3:356 L80453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

Mr. Miguel Rivera
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

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

Dear Mr. Rivera:

In your letter dated November 1, 2004, you requested a tariff classification ruling on behalf of Ecko Complex, LLC. As requested, your sample will be returned.

Style 03469 is a men’s garment constructed from 100 percent cotton, finely knit, flat back mesh and French terry fabric. The garment features a rib knit stand-up collar; a full front opening with a zippered closure; short sleeves with loose fitting rib knit cuffs; side entry pockets below the waist; and a loose fitting rib knit bottom.

The lower portion of the rear panel, a small portion of the front panel at each side, and the underside of the sleeves are constructed from 100 percent cotton, flat back mesh fabric that measures 24 stitches per two centimeters counted in the horizontal direction. The remainder of the garment is constructed from 100 percent cotton, French terry fabric that measures 19 stitches per two centimeters counted in the horizontal direction.

The bottom and sleeves are loose fitting and do not provide protection against the elements. Consequently, the applicable subheading for Style 03469 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 03469 falls within textile category designation 338. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cpb.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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