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NY M85869




September 7, 2006

CLA-2-61:RR:NC:TA:N3:356 M85869

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. Bill Gabelman
Vandegrift Forwarding Co., Inc.
230-19 International Airport Center, Suite 250 Jamaica, NY 11413

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

Dear Mr. Gabelman:

In your letter dated August 18, 2006, you requested a tariff classification ruling on behalf of CFL West. As requested, your sample will be returned.

Style Pebble Beach is a men’s pullover garment constructed from two different knit fabrics. The entire front panel is constructed from 80% cotton, 20% polyester, finely knit velour fabric that measures 22 stitches per 2 centimeters counted in the horizontal direction. The back panel and the sleeves are constructed from 100% wool, jersey knit fabric that measures 8 stitches per 2 centimeters counted in the horizontal direction. Style Pebble Beach features a rib knit V-neckline, long sleeves with rib knit cuffs, velour fabric elbow patches, an embroidered logo on the left chest, decorative stitching around the elbow patches and the armholes, and a rib knit bottom.

The velour knit front panel is a cut and sewn component and precludes classification in the provisions for knit to shape garments. The front panel imparts the essential character to the garment. Consequently, the applicable subheading for Style Pebble Beach 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: other: men's or boys'. 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 Pebble Beach falls within textile category 338. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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