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NY A85421





August 01, 1996

CLA-2-61:RR:NC:WA:N5:356 A85421

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0018; 6109.10.0027; 6110.20.2065.

Mr. Marc S. Greenberg
American Shipping Company Inc.
600 Sylvan Avenue
Englewood Cliffs, New Jersey 07632

RE: The tariff classification of men's knit garments from Hong Kong or the Federated States of Micronesia.

Dear Mr. Greenberg:

In your letter dated July 1, 1996, you requested a tariff classification ruling for Styles 1001, 1002, 1003 and 1004 on behalf of EEM USA, Inc.

You have stated in your correspondence that the fabric used to produce the garments is of Hong Kong origin. The fabric will be imported into the Federated States of Micronesia where it will be cut, assembled, and trimmed to form the finished garments.

Style 1001 is a man's finely knit pullover garment constructed from 100 percent cotton, tubular knit, jersey fabric. The garment features short, hemmed sleeves; a rib knit crew neckline; and a hemmed bottom. There is a small embroidered logo on the lower left portion of the front panel.

Style 1002 is a man's pullover garment constructed from 100 percent cotton, finely knit, jersey fabric. The front and back panels and the sleeves are each constructed from single pieces of fabric. The garment features short, hemmed sleeves; a rib knit crew neckline; and a hemmed bottom. There is a screen printed logo on the left chest.

Style 1003 is a man's sleeveless garment constructed from 100 percent cotton, tubular, 2x2 rib knit fabric. The garment features one and one quarter inch wide shoulder straps; oversized armholes; a low rounded front neckline; a rear neckline which reaches below the nape of the neck; and a curved bottom finished with overlock stitching. There is a small embroidered logo on the lower left portion of the front panel and narrow capping at the neckline and the armholes.

Style 1004 is a man's finely knit pullover garment con- structed from 100 percent cotton, tubular knit, jersey fabric. The garment features short, hemmed sleeves; a rib knit crew neckline; and a hemmed bottom. There is a small embroidered logo on the lower left front panel.

The applicable subheading for Styles 1001 and 1004 will be 6109.10.0027, 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': other: other: other. The duty rate will be 20.1 percent ad valorem.

The applicable subheading for Style 1003 will be 6109.10.0018, 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': other: tank tops: men's. The duty rate will be 20.1 percent ad valorem.

The applicable subheading for Style 1002 will be 6110.20.2065, 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: men's or boys'. The duty rate will be 19.9 percent ad valorem.

Styles 1001, 1002, 1003, and 1004 fall within textile category designation 338. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and quota restraints; products of the Federated States of Micronesia are not subject to visa requirements or quota restraints.

Because of the multicountry involvement in the construction of these garments, your inquiry is being forwarded to the Office of Regulations and Rulings for their review. A ruling as to the country of origin of the garments will be issued to you from that office.

You have also requested guidance concerning the correct country of origin marking for Style 1002 where a designer's logo and an American flag appear on the front of the garment and on the neck label. We cannot respond to your request without a sample showing the actual neck label which will be used. You should also state whether the flag is part of a registered trademark and provide a copy of the trademark registration.

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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,


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