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NY B81706





February 27, 1997

CLA-2-61:RR:NC:TA:N3:356 B81706

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050; 6105.10.0010; 6110.20.2040; 6110.20.2065

Ms. Roslyn Rice
Eddie Bauer, Inc.
15010 N.E. 36th Street
Redmond, Washington 98052

RE: The tariff classification of men's knit garments from China, Hong Kong and Singapore.

Dear Ms. Rice:

In your letter dated January 27, 1997, you requested a tariff classification ruling.

Item 005-0880 is a men's hooded sweatshirt constructed from 90 percent cotton, 10 percent polyester, finely knit fabric which is napped on the inside surface. The garment features a lined hood with a drawstring; a partial front opening with a zippered closure; long sleeves with rib knit cuffs; a pouch pocket below the waist; and a drawstring bottom. An EBTEK logo is embroidered on the left chest. You state that the same garment will be imported in tall sizes under Item 005-0881.

Item 005-0799 is a men's shirt constructed from 90 percent cotton, 10 percent polyester finely knit fabric that is napped on the inside surface. The fabric contains 10 stitches per centimeter counted in the horizontal direction and 12 stitches per centimeter counted in the vertical direction. The garment features a self-fabric pointed collar; a partial front opening with a zippered closure; long sleeves with rib knit cuffs; and a straight, hemmed bottom with side slits. There is a screen printed logo on the lower left front panel. You state that the same garment will be imported in tall sizes under Item 005-0800. Item 005-0782 is a men's hooded pullover garment constructed from 100 percent cotton, finely knit fabric containing 18 stitches per two centimeters counted in the horizontal direction. The garment features a lined hood with a drawstring; a partial front opening with a zippered closure; long, hemmed sleeves; and a straight, hemmed bottom. There is a woven fabric label on the lower left portion of the front panel. You state that the same garment will be imported in tall sizes under Item 005-0783.

Item 005-0828 is a pair of men's shorts constructed from 100 percent cotton, finely knit fabric. The shorts feature an elastic waistband with an inner drawstring; two side seam pockets; and hemmed leg openings. There is an embroidered logo on the lower portion of the left leg. You state that the same garment will be imported in tall sizes under Item 005-0829.

Item 005-0801 is a pair of men's pants constructed from 90 percent cotton, 10 percent polyester finely knit fabric which is napped on the inside surface. The pants feature an elastic waistband with an outside drawstring; two side seam pockets; and elastic cuffs at the ankles. You state that the same garment will be imported in tall sizes under Item 005-0802.

As requested, your samples will be returned.

The applicable subheading for Items 005-0880 and 005-0881 will be 6110.20.2040, 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: sweatshirts: men's or boys'. The duty rate will be 19.4 percent ad valorem.

The applicable subheading for Items 005-0799 and 005-0800 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: men's. The duty rate will be 20.6 percent ad valorem.

The applicable subheading for Items 005-0782 and 005-0783 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 19.4 percent ad valorem.

The applicable subheading for Items 005-0828 and 005-0829 will be 6103.42.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' trousers,... breeches and shorts (other than swimwear), knitted or crocheted: of cotton: shorts: men's. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for Items 005-0801 and 005-0802 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' trousers,... breeches and shorts (other than swimwear), knitted or crocheted: of cotton: trousers and breeches: men's. The duty rate will be 16.8 percent ad valorem.

Items 005-0880, 005-0881, 005-0799, 005-0800, 005-0782 and 005-0783 fall within textile category designation 338. Items 005-0828, 005-0829, 005-0801, and 005-0802 fall within textile category designation 347. Based upon international textile trade agree-ments, products of China, Hong Kong and Singapore are subject to a visa requirement 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 should or the control number listed 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
Chief, Textiles & Apparel Branch
National Commodity

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