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NY N009964




May 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Mr. Mark Wark
Stohlquist WaterWare
18935 59th Ave. NE
Arlington, WA 98223

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

Dear Mr. Wark:

In your letter dated April 11, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 104006 is a men’s rash guard pullover constructed from 85% polypropylene, 15% spandex, finely knit fabric that is lightly brushed on the inside surface. The fabric measures 35 stitches per two centimeters counted in the horizontal direction. Style 104006 features a self-fabric mock turtleneck collar; short, hemmed, raglan sleeves; a screen printed logo at the outside rear neckline; and a straight, hemmed bottom. The garment is designed for use in watersport activities.

The applicable subheading for Style 104006 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.

Style 104006 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Specialist Division


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