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NY M87144





November 13, 2006

CLA-2-61:RR:NC:TA:N3:356 M87144

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Ms. Jenny Helm
Gear for Sports, Inc.
9700 Commerce Parkway
Lenexa, KS 66219

RE: The tariff classification of a men’s knit pullover garment from Peru.

Dear Ms. Helm:

In your letter dated October 10, 2006, you requested a tariff classification ruling. As requested, your sample will be returned.

Style G2342 is constructed from 50% cotton, 50% polyester, finely knit, jersey fabric that measures 31 stitches per two centimeters counted in the horizontal direction. The garment is cut and sewn and features a rib knit crew neckline; three quarter length hemmed, raglan sleeves; and a curved, hemmed bottom.

As the fabric is constructed from a blend of 50% cotton and 50% polyester fibers, no textile material predominates by weight. Following note 2 (A) of Section XI, the garment will be classified in the heading that occurs last in numerical order among those which equally merit consideration. At the time of entry, Customs may verify the actual fiber content of Style G2342. If the fiber content differs from that indicated in your letter, the tariff classification may change from the information indicated below.

Although you refer to the garment as unisex, Style G2342 is made to men’s specifications. Consequently, the applicable subheading for Style G2342 will be 6110.30.3053, 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: 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 G2342 falls within textile category designation 638. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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

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