CLA-2-62:OT:RR:NC:N3:356

Ms. Nancy J. Mediavilla
Pactimo LLC
3565 South Yosemite Street
Denver, CO 80237

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

Dear Ms. Mediavilla:

In your letter dated February 11, 2019, you requested a tariff classification ruling. Your sample will be returned.

Style R01000 “Ascent Wind Short Sleeve Jersey” is a men’s upper body garment constructed from two different fabrics. The two front panels and the majority of the collar and sleeves are constructed from 87% nylon, 13% spandex, woven fabric. The side panels, the rear panel, the rear collar insert, and the undersleeves are constructed from 100% polyester, mesh knit fabric. The front panels are lined with 93% polyester, 7% spandex, circular knit fabric.

Style R01000 features a full front opening with a contrasting color zipper that zips through the stand-up collar; short, raglan sleeves with cuffs constructed from 70% polyester, 30% elastam (spandex), finely knit fabric; reflective logos on the left side chest and the left top sleeve; a hanger loop at the inner rear neckline; three pockets on the lower back panel with fabric-covered elasticized openings; two reflective tabs at the lower rear side seams; and a fabric-covered elasticized bottom with a longer curved rear panel. The garment also features an inner gripper strip, which encircles the bottom of the garment to keep it from pulling down on the wearer.

The woven fabric of the the front panels, collar, and sleeves imparts the essential character of the garment. Consequently, the applicable subheading for Style R01000 will be 6211.33.9061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Track suits, ski-suits and swimwear, other garments: Other garments, men’s or boys’: Of man-made fibers: Other: Other. The rate of duty will be 16% 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 the World Wide Web at https://hts.usitc.gov/current.

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 Maryalice Nowak at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division