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NY N025109




April 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1550; 6110.30.3053

Mr. Edward W. Pluemer
E.W.P. International, Inc.
2602 S. Denison Avenue
San Pedro, CA 90731

RE: The tariff classification of men’s knit garments from China.

Dear Mr. Pluemer:

In your letter dated March 14, 2008, you requested a tariff classification ruling on behalf of World Sports Promotional Products. As requested, your samples will be returned.

Style 2602 consists of a men’s basketball top and a pair of basketball shorts. The garments are constructed from 100% polyester, finely knit mesh fabric that measures 28 stitches per two centimeters counted in the horizontal direction. The pullover top is sleeveless and has a round neckline, rib knit edging finishing the armholes and neckline, a large heat seal with a team name and player number on both the front and back panels, a small heat seal on the lower left front panel, and a straight hemmed bottom with side slits. The shorts are fully lined with mesh fabric and have a tunnel elastic waistband with an inside drawstring, narrow overlaid strips on each side panel, heat seal designs on each leg, and hemmed legs.

The applicable subheading for the basketball top of Style 2602 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.

The applicable subheading for the basketball shorts of Style 2602 will be 6103.43.1550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: shorts: men’s. The rate of duty is 28.2% 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/.

The basketball top falls within textile category designation 638. The basketball shorts fall within textile category designation 647. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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