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NY K81504





December 23, 2003

CLA-2-61:RR:NC:TA:N3:356 K81504

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Beth Craig
Beth Craig & Associates, Inc.
790 Atlanta South Pkway, Suite 200
Atlanta, GA 30349

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

Dear Ms. Craig:

In your letter dated November 21, 2003, you requested a tariff classification ruling on behalf of Sojrn Ltd.

You state in your letter that Styles M1008, M1012, M1003-B, M1019, and M1000 are made from 85 percent bamboo, 15 percent cashmere. For the purposes of this ruling, bamboo is considered an artificial fiber which is derived from bamboo.

Style M1008 is a men’s pullover garment constructed from jersey knit fabric that measures 12 stitches per two centimeters counted in the horizontal direction. Style M1008 has a rib knit crew neckline; long sleeves with rib knit cuffs; embroidered appliques on the front panel and sleeves; and a rib knit bottom.

Style M1012 is a men’s pullover garment constructed from jersey knit fabric that measures 12 stitches per two centimeters counted in the horizontal direction. Style M1012 has a rib knit crew neckline; long sleeves with rib knit cuffs; and a rib knit bottom.

Style M1003-B is a men’s pullover garment constructed from cable knit fabric that measures 15 stitches per two centimeters counted in the horizontal direction. Style M1003-B has a partial front opening with three button closures; a rib knit spread collar; long sleeves with rib knit cuffs; and a rib knit bottom.

Style M1019 is a men’s pullover garment constructed from knit fabric that measures 11 stitches per two centimeters counted in the horizontal direction. Style M1019 has a rib knit crew neckline; long sleeves with rib knit cuffs; and a rib knit bottom.

Style M1000 is a men’s pullover garment constructed from jersey knit fabric that measures 16 stitches per two centimeters counted in the horizontal direction. Style M1000 has a self-fabric crew neck; a triangular insert at the front neckline; long sleeves with rib knit cuffs; and a tubular knit bottom with side slits.

The applicable subheading for Styles M1008, M1012, M1003-B, M1019, and M1000 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 rate of duty is 32.2 per cent ad valorem. Effective January 1, 2004, the duty rate will be 32 percent ad valorem.

Styles M1008, M1012, M1003-B, M1019, and M1000 fall within textile category designation 638. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo.

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 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 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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