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NY L85561




July 5, 2005

CLA-2-61:RR:NC:TA:N3:356 L85561

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.20.2010; 6110.30.3050; 6201.93.3511

Mr. Donald S. Simpson
Barthco Trade Consultants
5101South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of men’s knit and woven garments from China and Macau.

Dear Mr. Simpson:

In your letter dated June 3, 2005, you requested a tariff classification ruling on behalf of Fila USA, Inc. As requested, your samples will be returned.

Style 6003905 is a man’s shirt constructed from 94% nylon, 6% spandex, finely knit fabric that measures 21 stitches per linear centimeter counted in the horizontal direction and 38 stitches per linear centimeter counted in the vertical direction. Style 6003905 has a partial front opening with a zip through mock turtleneck collar; long sleeves with self-fabric cuffs; thumb holes in each cuff; a heat seal logo on the left chest; reflective fabric at each side of the zipper; and a straight, hemmed bottom.

Style 6003894, identified as a knit windshirt, is a man’s close-fitting jacket constructed from 95% polyester, 5% spandex, woven fabric. Style 6003894 has a partial front opening with a zip-through mock turtleneck collar; a zippered pocket on the left chest; long hemmed sleeves with zippers at the wrists; a heat seal logo on the lower left front panel; and a curved, hemmed, bottom.

Style 6003898 is a man’s cardigan constructed from 94% nylon, 6% spandex, finely knit fabric that measures 42 stitches per two centimeters counted in the horizontal direction. Style 6003898 has a full front opening with a zip through mock turtleneck collar; long sleeves with self-fabric cuffs; thumb holes in the cuffs; a heat seal logo on the left chest; reflective fabric at each side of the zipper; and a straight, hemmed bottom.

The applicable subheading for Style 6003905 will be 6105.20.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ shirts, knitted or crocheted: of man-made fibers: other: men's. The rate of duty is 32 percent ad valorem.

The applicable subheading for Style 6003898 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.

The applicable subheading for Style 6003894 will be 6201.93.3511, which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The rate of duty is 27.7 percent ad valorem.

Styles 6003905 and 6003898 fall within textile category designation 638. Style 6003894 falls within textile quota category designation 634. 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 Specialist Division


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