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NY L86953




September 6, 2005

CLA-2-61:RR:NC:TA:N3:356 L86953

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1550

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

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

Dear Mr. Hoffacker:

In your letter dated August 8, 2005, you requested a tariff classification ruling on behalf of Perry Ellis Menswear, Inc. As requested, your sample will be returned.

Style W009527PS is a men’s cardigan constructed from rib knit fabric that measures 11 stitches per two centimeters counted in the horizontal direction. The garment has a full front opening with a zippered closure, a rib knit spread collar, long sleeves, side entry pockets, and a straight bottom. The front and back yokes and the pocket edges are of leather, and the collar, the placket, the sleeve ends, and the bottom of the garment are finished with overlaid leather trim. You state that the leather comprises approximately 21 percent of the weight of the garment as a whole.

As Style W009527PS is said to be constructed from a blend of 50% wool, 50% acrylic fibers, no textile material predominates by weight. Therefore, following note 2 (A) of section XI, the garment will be classified in the heading that occurs last in numerical order among those that equally merit consideration. At the time of entry, Customs may verify the actual fiber content of Style W009527PS. If the fiber content differs from that indicated in your letter, the tariff classification may change from the information indicated below.

The applicable subheading for Style W009527PS will be 6110.30.1550, 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: containing 23 percent by weight of wool or fine animal hair: other: men’s or boys’. The rate of duty is 17 per cent ad valorem.

Style W009527PS falls within textile category designation 438. 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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