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NY 865934

September 6, 1991

CLA-2-61:S:N:N3-I:356 865934

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6105.10.0010; 6109.10.0005; 6110.20.2075; 6109.10.0045

Mr. H.M. Vergaray-Otoya
Tumi Import-Export
P.O. Box 1429
Cape Canaveral, Florida 32920

RE: The tariff classification of knit wearing apparel from Peru.

Dear Mr. Vergaray-Otoya:

In your letter dated July 8, 1991, resubmitted on July 25, 1991, you requested a tariff classification ruling.

The first style is a man's short sleeved shirt which is constructed from a 100 percent cotton, finely knit fabric that measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The garment features a rib knit spread collar; a partial front opening with two button closures; and a hemmed bottom.

The second sample is a man's all-white T-shirt which is constructed from a 100 percent cotton, finely knit jersey fabric. The garment features a rib knit crew neckline; short, hemmed sleeves; and a hemmed bottom. The front and back panels and the sleeves are each constructed from a single piece of fabric.

The third sample is a woman's pullover garment which is constructed from a 100 percent cotton, finely knit fabric that measures more than 9 stitches per 2 centimeters counted in the horizontal direction. The garment features a round neckline; shoulder pads; short, hemmed sleeves; and a hemmed bottom. A screen print design is on the garment front.

The fourth sample, which is labeled Zarate, is a girls' T-shirt constructed of 100 percent cotton, finely knit fabric. The garment features short sleeves, a round neckline, a small square screen print in the upper left chest area and a large rectangular screen print across the back.

The applicable subheading for the first sample will be 6105.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of cotton: men's. The duty rate will be 21 percent ad valorem.

The applicable subheading for the second 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': underwear: 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 third sample will be 6110.20.2075, 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: women's or girls'. The duty rate will be 20.7 percent ad valorem.

The applicable subheading for the fourth sample will be 6109.10.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women's or girls': other: T-shirts: girls'. The duty rate will be 21 percent ad valorem.

The first sample falls within textile category designation 338, the second sample falls within textile category designation 352, and the third and fourth samples fall within textile category designation 339. Based upon international textile trade agreements, products of Peru 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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