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NY L82575




March 18, 2005

CLA-2-61:RR:NC:TA:N3:356 L82575

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Mr. Troy Clarke
CBT International, Inc.
110 West Ocean Boulevard, Suite 728
Long Beach, CA 90802

RE: The tariff classification of a men’s knit pullover garment from China and Taiwan.

Dear Mr. Clarke:

In your letter dated January 14, 2005, you requested a tariff classification ruling on behalf of Pro Source International.

Model CORE 1640, a “Moto Cross Racing Jersey,’’ is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 28 stitches per two centimeters counted in the horizontal direction. The garment features a high V-neckline; long sleeves with rib knit cuffs; double knit inserts at the elbows; a woven fabric label on the lower center portion of the front panel; and a straight, hemmed bottom. There is a rubberized brand logo on the center chest and a rubberized brand name at the neckline and on each shoulder. Rubberized appliqués have been applied to each elbow.

Although you propose classification for Model CORE 1640 in HTS 6114.30.1010, citing NY K85286, this garment is constructed without the specialized protective features of that garment and is not limited to use while participating in the sport. Consequently, the applicable subheading for Model CORE 1640 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 is 32 per cent ad valorem.

Model CORE 1640 falls within textile category designation 638. 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.cbp.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.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of a shirt, mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.

We note that the submitted sample shows the garment size in the center rear neckline and the country of origin on a sewn in label located in the lower left side seam. This sewn-in label is is not conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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
Director,
National Commodity Specialist Division

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