CLA-2-61:RR:NC:TA:N3:356 K83330

Mr. William Ortiz
S. J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Ortiz:

In your letter dated February 17, 2004, you requested a tariff classification ruling on behalf of Koman Sportswear Corp. As requested, your sample will be returned.

You state in your letter that Style 7406 is made from 70 percent bamboo, 30 percent cotton. For the purposes of this ruling, bamboo is considered an artificial fiber that is derived from bamboo.

Style 7406 is a men’s pullover garment constructed from finely knit jersey fabric that measures 23 stitches per two centimeters counted in the horizontal direction. Style 7406 has a rib knit crew neckline; short, hemmed sleeves; a pieced front panel; pieced sleeves; a screen print and applique design on the left chest; a half moon at the rear neckline; and a straight, hemmed bottom with side slits. The applicable subheading for Style 7406 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 will be 32 percent ad valorem.

Style 7406 falls within textile category designation 638. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item, particularly with regard to the labeling of artificial fibers derived from bamboo.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division