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NY L86361

August 3, 2005

CLA-2-61: RR:NC:TA:N3:356 L86361


TARIFF NO.: 6110.30.3050

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 knit cardigan from China.

Dear Mr. Spoto:

In your letter dated July 15, 2005, you requested a tariff classification ruling on behalf of Kemistre 8 LLC. As requested, your sample will be returned.

Style A34jt06 is a men’s cardigan constructed from two different knit fabrics. The garment features a hood with a drawstring; a full front opening with a zippered closure; long sleeves with rib knit cuffs; side entry pockets below the waist; and a loose fitting, rib knit bottom.

The hood and the major portion of the front and rear panels are constructed from 80 percent polyester, 20 percent cotton, finely knit fabric that is napped on the inside surface. The side panels, the sleeves and the waistband are constructed from 100 percent wool, jersey knit fabric that measures 3 stitches per two centimeters counted in the horizontal direction. You state in your correspondence that the wool fabric is approximately 40 percent of the weight of the entire garment.

Neither fabric comprises over 60 percent of the visible surface area of the garment. Following General Rule of Interpretation 3(c), the applicable subheading for Style A34jt06 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 percent ad valorem.

Style A34jt06 falls within textile category designation 638. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cpb.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 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
National Commodity

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