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NY M81655

March 28, 2006

CLA-2-61:RR:NC:TA:N3:356 M81655


TARIFF NO.: 6110.20.2069

Ms. Susan Park
Quiksilver Americas Inc.
15202 Graham Street
Huntington Beach, CA 92649

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

Dear Ms. Park:

In your letter dated February 23, 2006, you requested a tariff classification ruling. A sample of the finished garment and unassembled component parts were submitted. As requested, your samples will be returned.

Style E107570 – “Lockout” is a men’s pullover garment constructed from 60% cotton, 40% acrylic, jersey knit fabric that measures 13 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit mitered V-neckline; long sleeves with rib knit cuffs; embroidered logos on the left sleeve and the left chest; a small woven label near the lower right seam; and a rib knit bottom.

The front panel is knit to shape with a self-start bottom, self-finished sides, full fashion marks at the armholes, and clear and continuous lines of demarcation delineating the front neckline. The back panel has a self-start bottom, self-finished sides, full fashion marks at the armholes, and partial lines of demarcation delineating the rear neckline. The sleeves are knit to shape with a self-start bottom, self-finished sides, and full fashion marks at the armholes. The rib knit collar is knit to shape with a self-start bottom and self-finished sides. The triangular rear insert is knit to shape. All components are assembled by linking and looping. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 13 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed.

Because the rear neckline has a partial line of demarcation that does not continuously delineate the full rear neckline, the back panel is not considered knit to shape. Consequently, the garment does not meet the requirements of Chapter 61, Statistical Note 6.

The applicable subheading for Style E107570 – “Lockout” will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': other. The duty rate is 16.5% 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/.

Style E107570 – “Lockout” falls within textile category designation 338. 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.cbp.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 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.


Robert B. Swierupski

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