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NY M87441




November 24, 2006

CLA-2-61:RR:NC:TA:N3:356 M87441

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Ms. Yannie Teague
Express Freight International
1590 Rollins Rd.
Burlingame, CA 94010

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

Dear Ms. Teague:

In your letter dated October 23, 2006, you requested a tariff classification ruling on behalf of Quality Worldwide, Inc. As requested, your sample will be returned.

Style K11068 is a men’s garment constructed from 85% polyester, 15% cotton, lightweight jersey knit fabric that weighs approximately 140 grams per square meter. Style K11068 is cut and sewn and features a self-fabric hood with a drawstring; a full front opening with a zippered closure; long sleeves with attached rib knit cuffs, pouch pockets below the waist; and an attached rib knit bottom.

Although you state that you believe the garment may be classified as a jacket, the lightweight jersey knit fabric does not provide protection against the elements required of a jacket. Consequently, the applicable subheading for Style K11068 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: 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 K11068 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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
Director,
National Commodity

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