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NY N013499




July 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. Harry Katsaros
Nik & Associates
800 S. Hindry Avenue, Unit A
Inglewood, CA 90301

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

Dear Mr. Katsaros:

In your letter dated June 1, 2007, you requested a tariff classification ruling on behalf of Michael Gerald Ltd. As requested, your sample will be returned.

Style SYP7-133 is a men’s pullover garment that features a rib knit crew neckline; long, pieced sleeves with rib knit cuffs; and a rib knit waistband. The garment is constructed from three different knit fabrics. The major portions of the front and back panels and the sleeves are constructed from 100% cotton, varied rib knit fabric that measures 18 stitches per two centimeters counted in the horizontal direction. The front and back yokes and the upper portion of the sleeves are constructed from 100% cotton, jersey knit fabric that measures 9 stitches per two centimeters counted in the horizontal direction. There are 2 ½ inch wide inserts across the front and back panels and on the upper sleeves that are cut and sewn from 80% cotton, 20% polyester finely knit fabric that is napped on the inside surface.

The varied rib knit fabric comprises over 60% of the visible surface area of the garment and imparts the essential character to the garment. Consequently, the applicable subheading for Style SYP7-133 will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men’s or boy’s: other. The rate of duty will be 16.5% ad valorem.

Style SYP7-133 falls within textile category designation 338. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 the ruling 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 the ruling, contact National Import Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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