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NY L88517





November 8, 2005

CLA-2-61:RR:NC:TA:359 L88517

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.30.3050

Ms. Ping Lin
Sun Mountain Sports, Inc.
310 N 1st
Missoula, MT 59802

RE: The tariff classification of two knit garments from China

Dear Ms. Lin:

In your letter dated October 18, 2005, you requested a tariff classification ruling. Your samples are being returned as requested.

The submitted sample, Shasta, is a woman’s cardigan that is constructed from 100% polyester, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a mock collar, long sleeves with banded cuffs and an inverted pleat at the elbow, a full front opening with a zipper closure, 2 front vertical pockets with zipper closures in the waist area, and a banded bottom.

The submitted sample, Rainer, is a man’s cardigan that is constructed from 100% polyester, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a mock collar, long hemmed sleeves, a full front opening with a zipper closure, and a drawstring bottom. “Sun Mountain” is embroidered on the right shoulder. A “Sun Mountain” label is on the right sleeve above the hemmed opening.

The applicable subheading for the woman’s cardigan will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

The applicable subheading for the man’s cardigan will be 6110.30.3050, HTS, which provides for sweatersand similar articles, knitted: of man made fibers: otherother: men’s. The rate of duty will be 32% ad valorem.

The woman’s cardigan falls within textile category designation 639. The man’s cardigan falls in category 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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