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NY L82811





March 30, 2005

CLA-2-61:RR:NC:TA:N3:356 L82811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
7505 N.E. Ambassador Place, #B
Portland, OR 97220

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

Dear Ms. Appel-Schaffaer:

In your letter dated March 1, 2005, you requested a tariff classification ruling on behalf of Pendleton Woolen Mills. As requested, your sample will be returned.

Style AF718 is a men’s cardigan constructed from two different fabrics. The entire front of the garment, which consists of two panels, is constructed from 100 percent wool, woven melton fabric laminated to 100 percent polyester, knit pile fabric. The back panel, the sleeves, the collar and the pocket trim are constructed from 100 percent wool, rib knit fabric that measures 5 stitches per two centimeters counted in the horizontal direction. Style AF718 features a rib knit spread collar; a full front opening with a zippered closure; long, self-finished sleeves; slant pockets below the waist; and a loose fitting bottom consisting of a hemmed bottom in the front and a self-finished bottom in the rear.

The two front panels, which form the entire front of the garment, impart the essential character to the garment. Following Chapter 60, Note 1 (c), laminated knit pile fabric, whether laminated to a knit or to a woven fabric, is considered a knit fabric. Consequently, the applicable subheading for style AF718 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 per cent ad valorem.

Style AF718 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 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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