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NY L87272




September 27, 2005

CLA-2-61:RR:NC:TA:N3:356 L87272

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Mr. Cliff Venable
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 1st Floor
Winston-Salem, NC 27105

RE: The tariff classification of men’s knit pullover garment from Honduras.

Dear Mr. Venable:

In your letter dated August 26, 2005, you requested a tariff classification ruling. As requested, your sample will be returned.

Style R654 is a men’s pullover garment constructed from 100 percent polyester, finely knit mesh fabric that measures 34 stitches per two centimeters counted in the horizontal direction. Style R654 has a crew neckline finished with self-fabric capping; long, hemmed, contrasting color raglan sleeves; an embroidered logo on the lower left front panel near the hem; and a straight, hemmed bottom.

Although you identify the garment as a sleepwear top, garments of this style and construction are considered multi-use garments for wear in a variety of situations in and around the home. As such, they are not classified as sleepwear, which is limited to garments that are designed for wear only to bed for sleeping.

The applicable subheading for Style R654 will be 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 R654 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 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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