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NY 813125



August 25, 1995

CLA-2-61:S:N:N5:356 813125

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1049

Ms. Natouchka P. Rampy
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, NY 10004

RE: The tariff classification of a boys' knit garment from Hong Kong.

Dear Ms. Rampy:

In your letter dated July 26, 1995, you requested a tariff classification ruling on behalf of Happy Kids. Your sample will be returned as requested.

Style KT-648/40159 is a boys' sleeveless garment constructed from 100 nylon, finely knit, dropped stitch fabric containing 28 stitches per 2 centimeters counted in the horizontal direction. The garment is fully lined with a contrasting color fabric of the same construction. Style KT-648/40159 has a low, rounded front neckline; a rear neckline which reaches below the nape of the neck; shoulder straps which measure two and one quarter inches wide at the shoulder seams; oversized armholes; a screen print design on the center chest; a large woven fabric label near the lower left side seam; a fabric label sewn into the lower left side seam; and a straight bottom finished with overlock stitching. You have indicated that the garment will be imported in boys' sizes 4-16.

The applicable subheading for Style KT-648/40159 will be 6109.90.1049, 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: men's or boys': other. The duty rate will be 33.8 percent ad valorem.

Style KT-648/40159 falls within textile category designation 638. Based upon international textile trade agreements, products of Hong Kong are subject to 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 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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