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NY M80439




March 15, 2006

CLA-2-61:RR:NC:TA:N3:356 M80439

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2030

Ms. Carolyn B. Malina
Lands’ End, Inc.
5 Lands’ End Lane
Dodgeville, WI 53595

RE: The tariff classification of a men’s knit vest and pullover garment from China and Hong Kong.

Dear Ms. Malina:

In your letter dated February 13, 2006, you requested a tariff classification ruling. As requested, your samples are being returned.

Style 71385 (in sizes S – XXL) is a men’s vest constructed from 100% cotton, jersey knit fabric that measures 13 stitches per two centimeters counted in the horizontal direction. The garment has a rib knit mitered V-neckline, oversized armholes finished with rib knit edging, and a rib knit bottom. The same garment will be imported as Style 74442 in sizes 2XL and 3XL.

Style 69678 (in sizes S – XXL) is a men’s pullover garment constructed from 100% cotton, jersey knit fabric that measures 13 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit mitered V-neckline, long sleeves with rib knit cuffs, and a rib knit bottom. The same garment will be imported as Style 71384 in sizes 2XL and 3XL.

Because new tariff provisions require that we determine whether the pullovers, Styles 69678 and 71384, are knit to shape, please provide the following:

Provide a sample of the garment components in their unassembled state. All of the unassembled component parts must be in the condition exactly as they come off the knitting machine without cutting / trimming or other fabrication.

Please state whether all components were produced on a flat bed knitting machine. Please also state whether all components have been assembled by linking and looping.

If you resubmit your request, include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

The applicable subheading for the vests, Styles 71385 and 74442, will be 6110.20.2030, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: vests, other than sweater vests: men's or boys': The duty rate is 16.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles 71385 and 74442 fall within textile category designation 359. 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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