CLA-2-61:OT:RR:NC:3:358

Mr. Joseph Inoa
Outerstuff, Ltd.
1370 Broadway 15th Floor
New York, NY 10018

RE: The tariff classification of an infant’s pullover from China.

Dear Mr. Inoa:

In your letter dated July 23, 2008, you requested a classification ruling. The sample will be returned to you.

The submitted sample, Style 42AC1 is described as a “College Adidas™ Football Jersey.” The article is a polyester mesh knit pullover. It features a vee neck opening, set-in short hemmed sleeves, pieced fabric at the upper chest and yoke area and hemmed fabric at the garment bottom. The item wll be imported in sizes newborn to 24 months.

The applicable subheading for Style 42AC1 will be 6111.30.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, except those imported as parts of sets: The duty rate will be 30 percent 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 42AC1 falls within textile category 239. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 the ruling 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 the ruling, contact National Import Specialist Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division