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NY N021309




January 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Ms. Elsie Holler
Dash America Inc. / dba Pearl Izumi USA, Inc. 16400 SE Nautilus Dr.
Vancouver, WA 98683

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

Dear Ms. Holler:

In your letter dated December 18, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 0692, “BB Performance Jersey”, is a men’s pullover garment constructed from 100% polyester, finely knit mesh fabric that measures 34 stitches per two centimeters counted in the horizontal direction. Style 0692 is sleeveless and features a high V-shaped neckline; a large screen printed design on the center chest; a small screen printed logo on the lower right back panel; and a straight, hemmed bottom with side slits. The armholes and the neckline are finished with rib knit edging. A small piece of fabric, described as an optical cloth, is permanently sewn to the inside lower right front panel. The optical cloth measures approximately four inches by two and one half inches and is used to wipe eye glasses during physical activity.

The applicable subheading for Style 0692 “BB Performance Jersey”, 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.

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 0692 “BB Performance Jersey” 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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,

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