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NY 854910

August 10, 1990

CLA-2-61:S:N:N3-I:356 854910

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6109.10.0005; 6109.90.1009

Mr. Norm Oldfield
Living Epistles, Inc.
P. O. Box 1172
Bellflower, California 90706

RE: The tariff classification of men's and boys' T-shirts from the People's Republic of China.

Dear Mr. Oldfield:

In your letter dated July 26, 1990, you requested a tariff classification ruling.

The first sample, (no style number indicated), is a man's all- white T-shirt, constructed from a 100 percent cotton, finely knit jersey fabric. The garment has a rib knit crew neckline; short, hemmed sleeves; and a hemmed bottom.

The second sample, (no style number indicated), is a boys' all-white T-shirt, constructed from 50 percent cotton and 50 percent polyester, finely knit jersey fabric. The garment has a rib knit crew neckline; short hemmed sleeves; and a hemmed bottom. The garments will be imported in sizes small (6-8), medium (10-12), and large (14-16).

The applicable subheading for the first sample will be 6109.10.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men's or boys': T-shirts, all white, short hemmed sleeves, hemmed bottom, crew or round neckline, without pockets, trim or embroidery. The duty rate will be 21 percent ad valorem.

The applicable subheading for the second sample will be 6109.90.1009, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or cro- cheted: Of other textile materials: Of man-made fibers: Men's or boys': Other: T-shirts: Boys'. The duty rate will be 34 percent ad valorem.

You have indicated in your letter that the fabric for the second garment is a blend of 50 percent cotton and 50 percent polyester. Garments which are claimed to be constructed from such a fabrication are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. A slight variation from the above stated fiber content will affect the classification and textile category designation of the subject garment.

The first sample falls within textile category designation 352 and the second sample falls within textile category designation 638. Based upon international textile trade agreements, products of the People's Republic of China are subject to visa requirements and quota restraints.

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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