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NY L85817




July 21, 2005

CLA-2-61:RR:NC:TA:N3:356 L85817

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

Mr. Frank Neely
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

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

Dear Mr. Neely:

In your letter dated June 23, 2005, you requested a tariff classification ruling. As requested, your sample will be returned.

Style MCST G9 is a men’s pullover garment constructed from 60 percent cotton, 40 percent polyester, finely knit jersey fabric that measures 26 stitches per two centimeters counted in the horizontal direction. Style MCST G9 has a wide body and features a crew neckline finished with rib knit capping; long, loose fitting, hemmed sleeves; and a straight, hemmed bottom.

Although Style MCST G9 has a hangtag identifying the garment as a sleep top, garments of this style and construction are advertised and marketed as multi-use garments designed for wear in a variety of situations in and around the home. As such, they are not classified in heading 6107, which is limited to garments that are designed for wear only to bed for sleeping.

The applicable subheading for Style MCST G9 will be 6110.20.2065, 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 MCST G9 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.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

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