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NY M82431




April 27, 2006

CLA-2-61:RR:NC:TA:361 M82431

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010; 6106.20.2010

Ms. Barbara Nichols
Spyder Active Sports, Inc.
4725 Walnut Street
Boulder, Colorado 80301

RE: The tariff classification of women’s shirts from Thailand and Laos.

Dear Ms. Nichols:

In your letter dated April 11, 2006, you requested a classification ruling. The three provided samples will be returned as per your request.

Style 4350 is a women’s shirt constructed of a 100% polyester fleece fabric. The long sleeve garment features a T-neck with a partial front opening and a zipper closure, a hemmed bottom and sleeves, a rubberized “Spyder” label on the T-neck, and a reflective Bug Logo below the zipper. The fabric of the shirt has more than 10 stitches per centimeter counted in both the horizontal and vertical directions. You have indicated that the country of origin will be Thailand.

Style 4452 is a women’s shirt constructed of a 100% cotton knitted fabric. The long sleeve garment features a T-neck with a partial front opening and a zipper closure, a hemmed bottom, self-fabric cuffed sleeves, “Spyder” printed on the T-neck, and a rhinestone Bug Logo below the zipper. The fabric of the shirt has more than 10 stitches per centimeter counted in both the horizontal and vertical directions. You have indicated that the country of origin will be Laos.

Style 4357 is a women’s shirt constructed of a 100% polyester knitted fabric. The long sleeve garment features a T-neck with a partial front opening and a zipper closure, a hemmed bottom and sleeves, and a rubberized “Spyder” label on the T-neck. The fabric of the shirt has more than 10 stitches per centimeter counted in both the horizontal and vertical directions. You have indicated that the country of origin will be Thailand.

The applicable subheading for Styles 4350 and 4357 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s and girls’ blouses and shirts, knitted or crocheted: Of man-made fibers: Other . . . Women’s. The duty rate will be 32% ad valorem.

The applicable subheading for Style 4452 will be 6106.10.0010, HTSUS, which provides for Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton . . . Women’s. The rate of duty will be 19.7% 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 4350 and 4357 fall within textile category designation 639 and Style 4452 falls within textile category designation 339. 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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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