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NY N017210




October 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Mr. James H. Breda
Liteship International
440 William F. McClellan Highway
East Boston, MA 02128

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

Dear Mr. Breda:

In your letter dated July 20, 2007 and in your subsequent correspondence dated August 28, 2007, you requested a tariff classification ruling on behalf of Supply Strategies, Inc. As requested, your sample will be returned.

Style JI-0419-002-PO is a pullover garment constructed from a laminated fabric consisting of an outer layer of 95% polyester, 5% spandex woven fabric, a middle layer of a polyurethane membrane, and an inner layer of 100% polyester, finely knit brushed pile fabric. Style JI-0419-002-PO features a self-fabric stand-up collar; a partial front opening with a zippered closure; long, hemmed sleeves with an inner elasticized cuff; two zippered pockets below the waist; and a hemmed bottom with a curved tail. The garment is made to men’s size specifications.

Following Chapter 60, Note 1(c), laminated knit pile fabric, whether laminated to a knit or to a woven fabric, is considered a knit fabric. Consequently, the applicable subheading for Style JI-0419-002-PO 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’: other. 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 JI-0419-002-PO 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

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