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NY B86218

May 26, 1998

CLA-2-61:RR:NC:TA:N3:356 B86218


TARIFF NO.: 6110.30.3050

Mr. Nick D'Andrea
Barian Shipping Company, Inc.
140 Irving Place
Woodmere, NY 11598

RE: The tariff classification of men's knit garments from Hong Kong.

Dear Mr. D'Andrea:

In your letter dated May 28, 1997, on behalf of Fila Sports, Inc., two garments were submitted for a tariff classification ruling. We regret the delay in responding to your classification request. However, in order to properly classify the garments, it was necessary to perform laboratory analysis and conduct extensive examination of the garment fabric.

Styles 23.44.3511 and 23.47.3512 are men's knit garments constructed from a "sandwich" fabric which you refer to as "Ice Tech". The fabric has an outer layer of 100 percent polyester, finely knit brushed pile fabric, a laminated middle layer of polyurethane material, and nylon flocking on the inside layer.

Style 23.44.3511 features a partial front opening with a zipper closure; a convertible collar; long, hemmed sleeves; a zippered pocket on the left chest with an embroidered logo; and a straight, hemmed bottom.

Style 23.47.3512 features a full front opening with a zipper closure; a convertible collar; long, hemmed sleeves; two zippered slash pockets below the waist; an embroidered logo on the left chest; and a straight, hemmed bottom.

The applicable subheading for Styles 23.44.3511 and 23.47. 3512 will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), 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 duty rate will be 33.3 percent ad valorem.

Styles 23.44.3511 and 23.47.3512 fall within textile category designation 638. Based upon international textile trade agreements, products of Hong Kong are subject to a visa require- ment and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for in- spection at your local Customs office.

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 attached to 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 212-466-5877.


Robert B. Swierupski

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