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NY N011691




June 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3010

Mr. Christopher J. Aives
Scharf & Breit, Inc.
833 Hempstead Turnpike
Franklin Square, NY 11010

RE: The tariff classification of a men’s sweater from Mexico.

Dear Mr. Aives:

In your letter dated May 21, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 3481 is a men’s sweater constructed from 100% acrylic, jersey knit fabric that measures 8 stitches per two centimeters counted in the horizontal direction. The sweater features a rib knit mock turtleneck collar; a partial front opening with a zippered closure; long sleeves with rib knit cuffs, and a rib knit bottom.

Although you state that you believe the garment is classifiable as a pullover in HTS 6110.30.3053, Style 3481 satisfies the requirements of Chapter 61, Statistical Note 3 as a sweater. Since the knit stitches are formed horizontally across the fabric, the horizontal stitch count is obtained by counting the columns of stitches or wales across the fabric.

Consequently, the applicable subheading for Style 3481 will be 6110.30.3010, 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: sweaters: men’s. 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 3481 falls within textile category designation 645. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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,


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