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NY L86056




July 12, 2005

CLA-2-61:RR:NC:TA:359 L86056

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6106.20.2010; 6105.20.2010; 6110.30.3035

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of five knit garments from China

Dear Mr. Hoffacker:

In your letter dated June 28, 2005, on behalf of Broder Brothers DBA Alpha Shirt Company, Neshaminy Interplex, 6th Floor, Trevose, PA, 19053, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted five samples of knit garments that are constructed from 100% polyester, knit fabric. The outer surface of styles CH950, CH970 and CH960 measures more than 9 stitches per 2 centimeters in the horizontal direction. The outer surface of styles CH930W and CH930 measures 10 or more stitches per linear centimeter in the horizontal and vertical directions.

Style number CH950 is a unisex cardigan that features a mock collar, long hemmed sleeves, a full front opening with a zipper closure, 2 front vertical pockets with zipper closures in the waist area, and a hemmed bottom.

Style number CH970 is a unisex pullover that features a mock collar, long sleeves with elastic capping at the opening, a front partial zippered opening, a front kangaroo pocket with 2 vertical zipper closures in the waist area, and a loose fitting bottom with elastic capping.

Style number CH930W is a woman’s shirt that features a mock collar, long hemmed sleeves, a front partial opening with a zipper closure, and a hemmed bottom. The outer surface of the shirt measures 10 or more stitches per linear centimeter in the horizontal and vertical directions.

Style number CH930 is a man’s shirt that features a mock collar, long hemmed sleeves, a front partial opening with a zipper closure, and a hemmed bottom. The outer surface of the shirt measures 10 or more stitches per linear centimeter in the horizontal and vertical directions.

Style number CH960 is a unisex vest that features a mock collar, oversized armholes, a full front opening with a zipper closure, and 2 front vertical pockets with zipper closures in the waist area. The armholes, and the bottom are finished with elastic capping.

The applicable subheading for styles CH950 and CH970, the cardigan and the pullover, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The HTS subheading for style CH930W, the shirt, will be 6106.20.2010, which provides for women’s shirts, knitted: of man made fibers: other: women’s. The duty rate will be 32% ad valorem.

The HTS subheading for style CH930, the shirt, will be 6105.20.2010, which provides for men’s shirts, knitted: of man made fibers: other: men’s. The duty rate will be 32% ad valorem.

The HTS subheading for style CH960, the vest, will be 6110.30.3035, which provides for vests, knitted: of man made fibers: vests, other than sweater vests: women’s. The duty rate will be 32% ad valorem.

Styles CH950, CH970, and CH930W fall within textile category designation 639. Style CH930 falls in category 638. Style CH960 falls in category 659. 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 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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