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NY N016164




September 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Ms. Yi Shu
Augusta Sportswear
425 Park West Drive
Grovetown, GA 30813

RE: The tariff classification of men’s and boy’s knit pullover garments from Mexico.

Dear Ms. Shu:

In your letter dated August 16, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 440 “Mesh Sleeveless Two Button Jersey” is constructed from 100% polyester, finely knit mesh fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style 440 features a rib knit crew neckline; a partial front opening with a two button closure; hemmed armholes; and a straight, hemmed bottom. Style 440 will be imported in Men’s sizes S - 3XL. The same garment will be imported in Boy’s sizes S - L as Style 441.

The applicable subheading for Styles 440 and 441 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.

Styles 440 and 441 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 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 Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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