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NY L84151





May 13, 2005

CLA-2-61:RR:NC:TA:N3:356 L84151

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

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

Dear Ms. Aldinger:

In your letter dated April 12, 2005, requested a tariff classification ruling. As requested, your sample will be returned.

Item 942401 “Fleece Zip Pullover w/Crew Neck” is a men’s pullover garment constructed from 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. Item 942401 features a rib knit crew neckline; long sleeves with tunnel elastic cuffs; side seam pockets below the waist; and a straight bottom with a draw cord and a cord lock.

The applicable subheading for Item 942401 will be 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.

Item 942401 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.

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

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