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NY 850434

May 31, 1990

CLA-2-61:S:N:N3-I:356 850434

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

Mr. Steven W. Baker
Bellsey and Baker
100 California Street
Suite 670
San Francisco, CA 94111

RE: The tariff classification of men's and boys' pullovers from the People's Republic of China, Macau, Taiwan, and/or Hong Kong.

Dear Mr. Baker:

In your letter dated March 8, 1990, which was submitted to our laboratory on April 4, 1990, and returned on May 2, 1990, you requested a tariff classification ruling on behalf of C & C Traders Inc.

Style KM1269 is a man's pullover garment which is constructed from 100 percent cotton, finely knit, heavy weight, jersey fabric containing an all over screen print design. The garment features a loose fitting, stand up, self-fabric neckband; short, hemmed sleeves; and a hemmed bottom.

Style KM1295 is a man's pullover garment which is constructed from 100 percent cotton, finely knit, heavy weight, jersey fabric containing an all over screen print design. The garment features a self-fabric, mock turtleneck; short, hemmed sleeves; a hemmed bottom; and a patch pocket on the left chest. A diamond shaped, embroidered applique has been sewn on the pocket front.

Style KM1291 is a man's pullover garment which is constructed from 100 percent cotton, finely knit, heavy weight, jersey fabric containing an all over screen print design. The garment features a crew neckline with a self-fabric band; short, hemmed sleeves; and a hemmed bottom with side slits and a tail. A diamond shaped, screen printed applique has been sewn to the lower left front panel near the hem.

Style KB2291 is a boys' pullover garment which is constructed from 100 percent cotton, finely knit, heavy weight, jersey fabric containing an all over screen print design. The garment features a loose fitting, stand up, self-fabric neckband; short, hemmed sleeves; and a hemmed bottom. A diamond shaped, screen printed applique has been sewn on the left chest.

As requested, your samples will be returned.

You have indicated in your correspondence that you believe the garments are similar to T-shirts. We do not agree. The heavy weight fabric and the various neck treatments are not indicative of garments which are similar to T-shirts. The applicable subheading for Styles KM1269, KM1295, KM1291, and KB2291 will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The duty rate will be 20.7 percent ad valorem.

The garments fall within textile category designation 338. Based upon international textile trade agreements, products of the People's Republic of China, Macau, and Taiwan are subject to a visa requirement and quota restraints. Products of Hong Kong are subject to visa requirements.

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 sub- ject 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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