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NY 863792

June 24, 1991

CLA-2-61:S:N:N3H:354 863792

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1090; 6110.30.3055; 6106.20.2010; 6107.12.0010; 6108.92.0005

Mr. Henry Deutsch
Odyssey of America Inc.
3021 Gateway Drive, Suite 200
Irving, Texas 75063

RE: The tariff classification of knit polyester garments from Mexico.

Dear Mr. Deutsch:

In your letter dated May 28, 1991, you requested a classification ruling.

You have submitted five samples. Sample EB001 is a finely knit unisex crewneck top of 100% polyester. This garment features long close fitting sleeves with rib knit cuffs, overlock stitching on the shoulder and top of the sleeve and a hemmed bottom.

Your second sample, style EB002, is a finely knit unisex pullover. This garment is constructed of 100% polyester knit fabric. The pullover features a turtleneck, long sleeves with rib knit cuffs, overlock stitching on the shoulder and top of the sleeve and a hemmed bottom.

Your third sample, style EB003, is a finely knit unisex shirt. This garment is constructed of 100% polyester. The garment features a rib knit neckband with a four snap placket, long sleeves with rib knit cuffs, over lock stitching on the shoulder and top of the sleeve and a hemmed bottom.

Your fourth sample, style EB004, is a pair of woman's finely knit long underpants. This garment is constructed of 100% polyester. The underpants features rib knit cuffs at the ankles, an elastic waistband overlock stitching down the outside leg seam and the middle of the garment. Your fifth sample, style EB005, is identical to style EB004, except that it is designed for a man a features a fly-front. The five garments are constructed from fabric which has more than 9 stitches per 2 centimeters in each direction.

The applicable subheading for style EB001 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers, women's or girls': other. The duty rate will be 34 percent ad valorem.

The applicable subheading for style EB002 will be 6110.30.3055, HTS, which provides for sweaters, pullovers, waistcoats and similar articles, knitted or crocheted: of man- made fibers: other: other: other, other: women's or girls'. The duty rate will be 34.2 percent ad valorem.

The applicable subheading for style EB003 will be 6106.20.2010, HTS, which provides for women's or girls' blouses or shirts, knitted or crocheted: of man-made fibers: other, women's. The duty rate will be 34.6 percent ad valorem.

The applicable subheading for style EB005 will be 6107.12.0010, HTS, which provides for men's or boys' underpants, briefs... knitted or crocheted: of man-made fibers, men's. The duty rate will be 16 percent ad valorem.

The applicable subheading for style EB004 will be 6108.92.0005, HTS, which provides for women's of girls' slips, petticoats, briefs... and similar articles, knitted or crocheted: of man-made fibers, underwear: underpants. The duty rate will be 17 percent ad valorem.

Styles EB001, EB002, EB003 fall within textile category designation 639. Styles EB004 and EB005 fall within textile category designation 652. Based upon international textile trade agreements, products of Mexico are subject to quota restraints and 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 subject 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 been filed without a copy, 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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