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NY 854114


August 3, 1990

CLA-2-62:S:N:NI:355 854114

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0010, 6211.32.0060, 6203.42.4015

Mr. Flavio Ferreira
Bob Barker Company, Inc.
118 E. Jones St.
Fuquay, NC 27526

RE: The tariff classification of men's wearing apparel from El Salvador.

Dear Mr. Ferreira:

In your letter dated June 4, 1990 you requested a tariff classification ruling.

Three samples were submitted. Style OJS is a jumpsuit, style BBOS is a pullover and style BBOT is a pair of trousers. Each sample is sized XX Large. Each sample is composed of woven fabric of 80% cotton and 20% polyester.The garments will come in a size range of XS-4XL.

Style OJS is a bodylength garment with a partial front opening with snap closures extending to slightly below the waist. It has a notch collar, short sleeves and a breast pocket. It has an elastic tightening at the rear portion of its waist line.

Style BBOS is a pullover with a V-neckline, short sleeves and a breast pocket.

Style BBOT is a pair of trousers with an elasticized waistband. It does not have pockets or a fly front opening.

The applicable subheading for style OJS will be 6211.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's woven cotton jumpsuits. The rate of duty will be 8.6% ad valorem.

The applicable subheading for style BBOS will be 6211.32.0060, (HTS), which provides for men's woven cotton shirts excluded from heading 6205. The rate of duty will be 8.6% ad valorem.

The applicable subheading for style BBOT will be 6203.42.4015, (HTS), which provides for men's woven cotton trousers. The rate of duty will be 17.7% ad valorem.

In your letter you also request the classification of the above garments if they were composed of 50% Cotton, 50% polyester or in chief weight of polyester. We cannot answer your request without further information. As garments containing different textile materials are classified according to chief weight we cannot classify the 50% cotton,50% polyester blend under a specific subheading. Nor is the information chief weight polyester sufficient for classification purposes as the presence of certain other fibers could, in some instances, change the classification of the garments commented upon. For the classification of these garments we suggest you furnish samples and the detailed information you supplied for the garments classified above.

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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