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NY L87437




September 22, 2005

CLA-2-61: RR:NC:TA:N3:356 L87437

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated August 24, 2005, you requested a tariff classification ruling on behalf of Kemistre 8 LLC. As requested, your sample will be returned.

Style A34jt106A is a men’s knit garment that features a hood with a drawstring; a full front opening with a zippered closure; long sleeves with rib knit cuffs; slant entry pockets below the waist; an appliqué on the right sleeve; screen printing, embroidery and an appliqué on the left chest; sewn labels on the hood, near the left pocket and on the right shoulder; and a loose fitting rib knit bottom.

Style A34jt106A is constructed from two different knit fabrics. The hood and the major portion of the front and rear panels are constructed from 100% cotton, finely knit fabric that is napped on the inside surface and measures 18 stitches per two centimeters counted in the horizontal direction. The side panels, the sleeves, and the waistband are constructed from 100% wool, jersey knit fabric that measures 3 stitches per two centimeters counted in the horizontal direction.

The wool and the cotton fabric each comprise approximately 50% of the visible surface area of the garment. Although you state in your correspondence that the wool fabric is approximately 60% percent of the weight of the entire garment, neither the wool nor the cotton fabric provide the essential character to the garment. Therefore, following General Rule of Interpretation 3(c), the applicable subheading for Style A34jt106A will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The rate of duty is 16.5% ad valorem.

Style A34jt106A falls within textile category designation 338. 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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