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NY L86817




August 29, 2005

CLA-2-61:RR:NC:TA:N3:356 L86817

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Mr. Grant Goldin
Scope Imports, Inc.
8020 Blankenship Drive
Houston, TX 77055-1018

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

Dear Mr. Goldin:

In your letter dated August 1, 2005, you requested a tariff classification ruling. As requested, your sample will be returned.

Style C53961 is a men’s knit garment constructed from 100 percent polyester, finely knit tricot fabric that measures 38 stitches per two centimeters counted in the horizontal direction. Style C53961 features a self-fabric stand up collar; a full front opening with a zippered closure; long, hemmed sleeves; slant pockets below the waist; and a loose fitting, hemmed bottom.

Although you state that the fabric is coated and you suggest classification in 6113, HTSUS, the coating on the fabric is not visible in cross section. Therefore, classification in 6113, HTSUS, is precluded. Consequently, the applicable subheading for Style C53961 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.

Style C53961 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 Specialist Division


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