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NY B80886




February 7, 1997

CLA-2-61:RR:NC:TA:N5:356 B80886

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050; 6105.10.0010

Ms. Marian Clare
Airport Clearance Service, Inc.
55 Inip Drive
Inwood, New York 11096

RE: The tariff classification of men's knit garments from India.

Dear Ms. Clare:

In your letter, dated December 23, 1996, which was received on January 09, 1997, you requested a tariff classification ruling on behalf of McCleary Trading Corporation.

Style F323-649 is a man's Henley style shirt constructed from 100 percent cotton, finely knit fabric which measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The shirt features a partial front opening with three button closures; a sweat patch at the rear neckline; long sleeves with rib knit cuffs; and a straight hemmed bottom.

Style F309-300 is a pair of men's pants which are constructed from 100 percent cotton, finely knit fabric. The pants feature a fabric covered tunnel elastic waistband with an outside drawstring; two side seam pockets; and fabric covered elastic at the ankles.

Style F321-649 is a pair of men's shorts which are constructed from 100 percent cotton, finely knit fabric. The shorts feature a fabric covered tunnel elastic waistband with an outside drawstring; a patch pocket in the rear; and hemmed leg openings.

You have indicated in your correspondence that the garments will be imported and worn as loungewear. You have also requested classification advice on these garments if they are imported as shirt and pants sets and shirt and shorts sets. We are unable to respond to this request without specific marketing and sales information, including specific advertising for the sets at retail.

The applicable subheading for Style F323-649 will be 6105.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts, knitted or crocheted: of cotton. The duty rate will be 20.6 percent ad valorem.

The applicable subheading for Style F309-300 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers,... knitted or crocheted: of cotton: trousers and breeches: men's: other. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for Style F321-649 will be 6103.42.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... shorts,... knitted or crocheted: of cotton: shorts: men's. The duty rate will be 16.8 percent ad valorem.

Style F323-649 falls within textile category designation 338. Styles F309-300 and F321-649 fall within textile category designation 347. Based upon international textile trade agreements, products of India are subject to visa requirements and quota restraints.

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 letter 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,

Paul K. Schwartz

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