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NY M81827




April 12, 2006

CLA-2-61:RR:NC:TA:N3:356 M81827

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3030

Mr. Chiu Fat Lam
Air & Sea Cargo Express Corp.
175-01 Rockaway Blvd., Suite 303A
Jamaica, NY 11434

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

Dear Mr. Lam:

In your letter, which was received by this office on April 3, 2006, you requested a tariff classification ruling on behalf of Onstar Pacific (USA) Ltd. As requested, your samples will be returned.

Style 54298 is a men’s vest constructed from 100% acrylic, cable knit fabric that measures 12 stitches per two centimeters counted in the horizontal direction. Style 54298 features oversized armholes finished with rib knit edging, a rib knit mitered V-neckline, and a rib knit bottom.

Because the garment is classified as a vest, the provisions of Chapter 61, Statistical Note 6 do not apply. Consequently, the applicable subheading for Style 54298 will be 6110.30.3030, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: vests, other than sweater vests: men’s or boys’. The rate of duty is 32% 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/.

Style 54298 falls within textile category designation 659. 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). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

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

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