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NY N003583




December 22, 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 men’s knit pullover garments from China.

Dear Ms. Studeny:

In your letter dated November 13, 2006, you requested a tariff classification ruling on behalf of Richlu Manufacturing. As requested, your samples will be returned.

Style I6Y216/26 is a men’s pullover garment constructed from 100% polyester, finely knit jersey fabric that measures 26 stitches per 2 centimeters counted in the horizontal direction. Style I6Y216/26 has a wide, loose fitting body and features a rib knit crew neckline; short, hemmed sleeves; large reflective heat seals on the front and back panels; a reflective heat seal on the left sleeve; a large woven fabric label in the left side seam; and a straight, hemmed bottom.

Style I6Y316/26 is a men’s pullover garment constructed from 100% polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style I6Y316/26 has a wide, loose fitting body and features a rib knit crew neckline; short, hemmed sleeves; large reflective heat seals on the front and back panels; a reflective heat seal on the left sleeve; a large woven fabric label in the left side seam; and a straight, hemmed bottom.

Style I6Y416/26 is a men’s pullover garment constructed from 100% polyester, finely knit jersey fabric that measures 26 stitches per 2 centimeters counted in the horizontal direction. Style I6Y416/26 has a wide, loose fitting body and features a rib knit crew neckline; long, loose fitting sleeves; large reflective heat seals on the front and back panels and on the sleeves; a reflective heat seal below the rear neckband; a large woven fabric label in the left side seam; and a straight, hemmed bottom.

Style I6Y516/26 is a men’s pullover garment constructed from 100% polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style I6Y516/26 has a wide, loose fitting body and features a rib knit crew neckline; long, loose fitting sleeves; large reflective heat seals on the front and back panels and on the sleeves; a large woven fabric label in the left side seam; and a straight, hemmed bottom.

The applicable subheading for Styles I6Y216/26, I6Y316/26, I6Y416/26, and I6Y516/26 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/.

Styles I6Y216/26, I6Y316/26, I6Y416/26, and I6Y516/26 fall 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 Specialist Division


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