CLA-2-61:RR:NC:TA:N3:356 D89359

Mr. Ryoko Parks
Embody Limited
178 Mohawk Drive, Apt 4
Bourbonnais, IL 60914

RE: The tariff classification of men’s knit garments from China. Dear Mr. Parks:

In your letter dated March 19, 1999, you requested a tariff classification ruling. As requested, your sample will be returned.

Style VCF9904 is a men’s pullover garment constructed from 50 percent acrylic, 50 percent wool knit fabric which measures 13 stitches per two centimeters counted in the horizontal direction. Style VCF9904 features a round neckline; long sleeves with tubular knit cuffs; and a tubular knit bottom.

Style VCF9907 is a men’s sweater constructed from 50 percent acrylic, 50 percent wool, knit fabric. The fabric on the upper portion of the back and front panels and on the upper portion of the sleeves is constructed from 1x1 rib knit fabric which measures 12 stitches per two centimeters counted in the horizontal direction. The remainder of the garment is constructed from 3x3 rib knit fabric which measures 8 stitches per two centimeters counted in the horizontal direction. The 3x3 rib knit fabric comprises over 60 percent of the surface area and imparts the essential character to the garment. Style VCF9907 features a turtle neck; long self-finished sleeves; and a straight, self-finished bottom. Style VCF9908 is a men’s pullover garment constructed from 50 percent acrylic, 50 percent wool, jersey knit fabric which measures more than nine stitches per two centimeters counted in the horizontal direction. There is a 4 inch wide, 3x3 rib knit section across the center of the front and back panels and on the upper portion of the sleeves which measures 10 stitches per two centimeters counted in the horizontal direction. Style VCF9908 features a rib knit V-neckline; long sleeves with rib knit cuffs; and a rib knit bottom. Style VCF9903 is a men’s pullover garment constructed from 50 percent acrylic, 50 percent wool knit fabric which contains 11 stitches per two centimeters counted in the horizontal direction. Style VCF9903 features a rib knit crew neckline; long sleeves with rib knit cuffs; and a rib knit bottom.

At the time of entry Customs may verify the actual fiber content of Styles VCF9904, VCF9907, VCF9908 and VCF9903. If the fiber content varies from the weight breakdown indicated in your letter, the HTS classification may differ from the information indicated below.

The applicable subheading for Style VCF9907 will be 6110.30.1510, 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: containing 23 percent or more by weight of wool or fine animal hair: sweaters: men's or boys'. The duty rate will be 17 percent ad valorem.

The applicable subheading for Styles VC9904, VCF9908 and VCF9903 will be 6110.30.1550, 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: containing 23 percent or more by weight of wool or fine animal hair: other: men's or boys'. The duty rate will be 17 percent ad valorem.

Style VCF9907 falls within textile category designation 445. Styles VCF9904, VCF9908, and VCF9903 fall within textile category designation 438. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-637-7081.


Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division