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NY L86789




August 26, 2005

CLA-2-61:RR:NC:TA:N3:356 L86789

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Fay Szeto
JAS Forwarding (USA), Inc.
2280 208th Street
Torrance, CA 90501

RE: The tariff classification of men’s knit motorcycle shirts from Malaysia.

Dear Ms. Szeto:

In your letter dated July 29, 2005, you requested a tariff classification ruling for three styles of motorcycle shirts on behalf of your client, White Brothers. As requested, your samples will be returned.

Style “Reactor Jersey’’ is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit, high V-neckline; long, raglan sleeves with elasticized capping at the cuffs; rubberized logos at the front neckline and at the rear neckline; and an overlocked bottom with a tail.

Style “Fuel Jersey’’ is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit, high V-neckline; long, raglan sleeves with elasticized capping at the cuffs; rubberized logos at the front neckline and at the rear neckline; and an overlocked bottom with a tail. There are openwork mesh knit inserts at the rear neckline, the side panels, and the underside of the sleeves.

Style “Viper Jersey’’ is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. The garment features a hemmed, high V-neckline; long, raglan sleeves with elasticized capping at the cuffs; rubberized logos at the front neckline and at the rear neckline; and an overlocked bottom with a tail. There are openwork mesh knit inserts at the front and rear necklines, the side panels, the underside of the sleeves, and the lower portion of the sleeves near the cuffs.

We note that the submitted samples show 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. 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. The sewn-in label located in the lower side seam of the submitted samples 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.

The applicable subheading for Styles “Reactor Jersey’’, “Fuel Jersey’’, and “Viper Jersey” 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 percent ad valorem.

Styles “Reactor Jersey’’, “Fuel Jersey’’, and “Viper Jersey” fall 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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