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NY N007930




April 4, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3030; 6110.30.3035

Mr. Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, OR 97208-8829

RE: The tariff classification of men’s and women’s knit vests from China

Dear Mr. Anuschat:

In your letter dated March 5, 2007, you requested a tariff classification ruling on behalf of Fred Meyer, Inc. / The Kroger Co. As requested, your samples will be returned.

Style 69338 is a men’s vest constructed from 97% polyester, 3% spandex, finely knit pile fabric that is napped on the inside and outside surfaces. The vest features a self-fabric stand-up collar, a full front opening with a zippered closure, oversized armholes, side seam pockets below the waist, and a straight bottom. The armholes and the bottom are finished with elasticized capping.

Style 6939 is a men’s vest constructed from 75% polyester, 25% rayon, finely knit pile fabric that is napped on the inside and outside surfaces. The vest features a self-fabric stand-up collar, a full front opening with a zippered closure, oversized armholes finished with elasticized capping, side seam pockets below the waist, and a straight bottom with a drawcord and cordlocks.

Style 1236 is a women’s vest constructed from 100% polyester, finely knit pile fabric that is napped on the inside and outside surfaces. The vest features a self-fabric stand-up collar, a full front opening with a zippered closure, oversized armholes finished with elasticized capping, side entry pockets below the waist, and a hemmed bottom.

The applicable subheading for Styles 69338 and 6939 will be 6110.30.3030, 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: vests, other than sweater vests: men’s or boys’. The rate of duty is 32% ad valorem.

The applicable subheading for Style 1236 will be 6110.30.3035, 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: vests, other than sweater vests: women’s or girls’. 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 69338, 6939, and 1236 fall within textile category designation 659. 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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