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NY J85566

July 8, 2003

CLA-2-61: RR:NC:TA:N3:356 J85566


TARIFF NO.: 6110.30.1510

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

RE: The tariff classification of a men’s sweater from China.

Dear Mr. Spoto:

In your letter dated June 4, 2003, you requested a tariff classification ruling on behalf of Kemistre 8 LLC. As requested, your sample is being returned.

Style A25ST03 is a men’s garment that features a hood with a drawstring; a full front opening with a zippered closure; long, set-in sleeves with rib knit cuffs; patch pockets below the waist; appliques on the center chest; and a rib knit bottom.

Style A25ST03 is constructed from two different knit fabrics. The entire front panel is constructed from 70 percent acrylic, 30 percent wool, jersey knit fabric that measures 8 stitches per two centimeters counted in the horizontal direction. The remainder of the garment is constructed from 80 percent cotton, 20 percent polyester, finely knit fabric that is napped on the inside surface.

The front panel imparts the essential character to the garment. Consequently, the applicable subheading for Style A25ST03 will be 6110.30.1510, 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: containing 23 percent or more by weight of wool or fine animal hair: sweaters: men' or boys’. The rate of duty will be 17 percent ad valorem.

Style A25ST03 falls within textile category designation 445. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

Although you have also requested the classification of Style B25S06, we are unable to classify the garment without a sample.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Mary Ryan at 646-733-3271.


Robert B. Swierupski

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