CLA-2-61:RR:NC:WA:361 NY K80292

Ms. Susan Morelli, Customs Specialist
Saucony Inc.
13 Centennial Drive
Peabody, MA 01960

RE: The tariff classification of two women’s knit garment and one men’s garment from China.

Dear Mr. Morelli:

In your letter dated November 3, 2003, you requested a classification ruling for three garments. The sample will be returned, as requested.

Style 14158 is a woman’s top constructed from 80 percent nylon, 20 percent spandex knit fabric. The top has one-inch shoulder straps, a U-shaped neckline in front, T-back styling in back, and an elasticized banded bottom. The garment does not reach the wait.

Style 14160 is a woman’s top constructed from 80 percent nylon, 20 percent spandex knit fabric. The sleeveless top has a collar, a partial front opening with a zipper closure, and a banded bottom. The garment does not reach the waist.

Style 14157 is a man’s top constructed from 80 percent nylon, 20 percent spandex finely knit mesh fabric. The top has shoulder straps, a racer back, and a back pocket. The garment does not reach the waist.

The applicable subheading for styles 14158 and 14160 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: women’s or girls’ . The duty rate will be 28.4% ad valorem. The applicable subheading for style 14157 will be 6114.30.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: men’s or boys’. The duty rate will be 28.4% ad valorem.

Styles 14158 and 14160 fall within textile category designation 639; style 14157 falls within textile category designation 638. Based upon international textile trade agreements, products of China are subject to quota restraints and the requirement of a visa.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division