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NY A80284




April 4, 1996

CLA-2-62:SF G03 A80284

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0056

Gretchen H. Zink
Talbots
175 Beal Street
Hingham, MA 02043

RE: The tariff classification of a unisex shirt from the Philippines

Dear Ms. Zink:

In your letter dated February 7, 1996 you requested a tariff classification ruling.

Style 64096209 is a long sleeve, hooded pullover shirt, made from a solid color corduroy fabric which you state is 100% cotton. This shirt has a partial front opening secured by a light weight zipper, elastic at the wrists, and a kangaroo patch pocket on the front. This pocket has a horizontal zipper. The bottom of the shirt is hemmed. You indicate that this shirt will be imported in unisex sizes XXS(2-3), XS(4-5), S(6-6X), M(7-8), L(10-12), XL (14) and XXL(16).

Chapter 62 Note 8 states, "Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes. Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments."

The applicable subheading for this shirt will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of cotton: Blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: Other. The rate of duty will be 8.5 percent ad valorem.

Style 64096209 falls within textile category designation 341. Based upon international textile trade agreements, products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

In accordance with your request your sample will be returned to you under separate cover.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Alice M. Rigdon
Port Director

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