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NY N003304




December 13, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Ms. Joan Studeny
GHY USA, Inc.
572 South Fifth Street
Pembina, ND 58271

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

Dear Ms. Studeny:

In your letter dated November 7, 2006, you requested a tariff classification ruling on behalf of Mondetta Clothing Inc. As requested, your sample will be returned.

Style M10-SW-025 is a men’s pullover garment constructed from a laminated fabric consisting of an outer layer of 100% cotton, flat knit fabric that measures 25 stitches per two centimeters counted in the horizontal direction bonded to an inner layer of 100% polyester, finely knit pile fabric. Style M10-SW-025 features a self-fabric hood with a drawstring; a partial front opening with a zipper closure; long sleeves with self-fabric cuffs; and a straight, hemmed bottom. There is a woven fabric label on the lower left portion of the front panel.

Following Chapter 60, Note 1 (c), the classification of the garment is determined by the knit pile component of the laminated or bonded fabric regardless of whether the knit pile component is used as the inside or the outside surface of the fabric. Consequently, the applicable subheading for Style M10-SW-025 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 boy’s: other. 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/.

You also inquired about the correct wording that should be used to disclose the fiber content of the bonded fabric. Textile fiber products imported into the United States must be labeled in accordance with the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We cannot issue a ruling involving the regulations of another agency. Therefore, we suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, DC 20580 for advice concerning the requirements of this Act. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

Style M10-SW-025 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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