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NY L86964




August 31, 2005

CLA-2-61:RR:NC:TA:359 L86964

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

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

RE: The tariff classification of a unisex pullover from China

Dear Mr. Hoffacker:

In your letter dated August 9, 2005, on behalf of BSI-USA, Inc., 5421 Beaumont Ctr. Blvd., Tampa FL 33634, you requested a tariff classification ruling. Your sample is being returned as requested.

The submitted sample, style number BSI100 is a sleeveless unisex pullover that is constructed from 81% polyester, 19% elastane, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

The garment features a round neckline, 2 long vertical pockets in the front and the back, and a hemmed bottom. There is a “Hydro-Cool” logo on the upper back.

You suggest that style BSI100 be treated as a body shirt under heading 6114, Harmonized Tariff Schedule of the United States (HTS). The garment is more specifically provided for in heading 6110, HTS, as it possesses characteristics associated with a pullover garment.

The applicable subheading for the pullover will be 6110.30.3055, HTS, which provides for pullovers, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The pullover falls within textile category designation 639. 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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