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NY 814234





OCTOBER 6, 1995

CLA-2-61:S:N5:358 814234

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2060; 6105.20.2030; 6110.30.3055

Ms. Sheryl Barber
Sunsoakers, Inc.
P.O. Box 73085, #206-2525 Woodview Dr. S.W. Calgary, Alberta , Canada T2W 6E4

RE: The tariff classification of two shirts and a pair of shorts from Australia.

Dear Ms. Barber:

In your letter dated August 21, 1995, you requested a tariff classification ruling.

The submitted samples, no style numbers indicated, are described as follows:

1. A long sleeve "C-Shirt" made from 88% nylon, and 12% spandex knit fabric. The garment features pullover styling, including a round neck.

2. A short sleeve "C-Shirt" made from 58% polyester,, 32% cotton, and 10% spandex knit fabric. The garment features a ribbed collar, ribbed cuffs and a hemmed bottom with split sides. The 3 button neck placket fastens left over right.

3. A pair of "C-Shorts" made from 88% nylon, and 12% spandex knit fabric. The shorts have pull-on styling, an elasticized waist with overlock stitching and ribbed fabric at the leg openings.

The "C-Shorts" and the long sleeve" C-Shirt are unisex. Our office can provide classification for children, sizes 2-14. Information on adult sizes should be submitted under separate cover.

The applicable subheading for the short sleeve "C-Shirt" will be 6105.20.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts, knitted or crocheted, of man-made fibers, other, boys', other. The rate of duty will be 34.3% ad valorem.

The applicable subheading for the long sleeve "C-Shirt" will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted; of man-made fibers, other, other, other, women's or girls'. The rate of duty will be 34% ad valorem.

The applicable subheading for the "C-Shorts" will be 6104.63.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, shorts, girls', other. The rate of duty will be 29.8% ad valorem.

The short sleeve "C-Shirt" falls within textile category designation 638. Based upon textile trade agreements, products of Australia are presently not subject to quota restraints or visa requirements.

The long sleeve "C-Shirt" falls within textile category designation 639. Based upon textile trade agreements, products of Australia are presently not subject to quota restraints or visa requirements.

The "C-Shorts" fall within textile category designation 648. Based upon textile trade agreements, products of Australia are presently not subject to quota restraints or 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Bruce Kirschner at (212) 466-5865.

Sincerely,

Roger J. Silvestri
Director
National Commodity

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