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NY M87253




November 17, 2006

CLA-2-61:RR:NC:TA:N3:356 M87253

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.20.2010; 6110.30.3053

Ms. Maryellen West
The Folsom Corporation
43 McKee Drive
Box 616
Mahwah, N.J. 07430

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

Dear Ms. West:

In your letter dated October 17, 2006, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 51646 is a men’s pullover garment constructed from 100% polyester, finely knit fabric that is napped on the inside and outside surfaces. The fabric measures 24 stitches per two centimeters counted in the horizontal direction. The garment is cut and sewn and features a self-fabric stand-up collar; a partial front opening with a zippered closure; long, hemmed sleeves; side seam pockets below the waist; and a straight bottom with a drawcord and cordlocks.

Style 51648 is a men’s shirt constructed from 100% polyester, finely knit fabric that is napped on the inside and outside surfaces. The fabric measures 12 stitches per linear centimeter counted in the horizontal direction and 13 stitches per linear centimeter counted in the vertical direction. The shirt has a full front opening with a left-over-right, seven button closure; a shirt type spread collar; two patch pockets with a one-button flap on the chest; long vented sleeves with adjustable button closures on the cuffs; and a curved, hemmed bottom.

Style 51649 is a men’s shirt constructed from 100% polyester, finely knit fabric that is napped on the inside and outside surfaces. The fabric measures 12 stitches per linear centimeter counted in the horizontal direction and 13 stitches per linear centimeter counted in the vertical direction. The shirt has a partial front opening secured by a left-over-right, three button closure; a shirt type spread collar; long, hemmed sleeves; and a straight, hemmed bottom.

The applicable subheading for Style 51646 will be 6110.30.3053, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men’s or boys’: other. The rate of duty is 32% ad valorem.

The applicable subheading for Styles 51648 and 51649 will be 6105.20.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: men’s or boys’ shirts: of man-made fibers: other: men’s. The duty rate is 32% 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/.

Styles 51646, 51648 and 51649 fall within textile category designation 638. 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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