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NY C81049





November 24, 1997

CLA-2-61:RR:NC:TA:N5:356 C81049

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050; 6105.10.0010; 6109.10.0027

Ms. Julie C. Erinc
140 Mt. Olivet Road
Oxford, PA 19363

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

Dear Ms. Erinc:

In your letter, dated August 25, 1997 and in your subsequent submission dated October 16, 1997, you requested a tariff class- ification ruling.

Style 12/1878 is a man's Henley style shirt constructed from 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 two button closures; a round, capped neckline; short sleeves finished with capping; and a hemmed bottom with side slits. The garment will be imported in a blue stripe design which will be 75 percent cotton, 25 percent polyester and in a grey stripe design which will be 70 percent cotton, 30 percent polyester.

Style 12/1858 is a man's pullover garment constructed from finely knit jersey fabric which measures more than 9 stitches per two centimeters counted in the horizontal direction. The pullover features a crew neckline; short sleeves finished with capping; and a hemmed bottom with side slits. The garment will be imported in a solid color which will be 100 percent cotton, and in oatmeal which will be 70 percent cotton, 30 percent polyester. Style 42458 is a pair of men's shorts constructed from finely knit fabric. The shorts feature a fabric covered tunnel elastic waistband with an inside drawstring; a one button fly front opening; two side seam pockets; and hemmed leg openings. The shorts will be imported in a solid color which will be 100 percent cotton, and in oatmeal which will be 70 percent cotton, 30 percent polyester.

Style TP100458 is a pair of men's pants constructed from 100 percent cotton, finely knit fabric. The pants feature a fabric covered tunnel elastic waistband with an inside drawstring; a one button fly front opening; two side seam pockets; and fabric covered elastic cuffs at the ankles.

Styles WT4241 and WT4243 are men's Henley style shirts constructed from 56 percent cotton, 44 percent polyester finely knit fabric which measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The shirts features a rib knit Henley neckline; a partial front opening with two button closures; short sleeves finished with rib knit edging; and a hemmed bottom with side slits.

Styles WG003 and WG004 are men's shorts constructed from 55 percent cotton, 45 percent polyester finely knit fabric. The shorts have no fly and feature a fabric covered tunnel elastic waistband with an inside drawstring; two side seam pockets; and hemmed leg openings.

Style WG005 is a pair of men's pants constructed from 55 percent cotton, 45 percent polyester finely knit fabric. The pants have no fly and feature a fabric covered tunnel elastic waistband with an inside drawstring; two side seam pockets; and fabric covered elastic cuffs at the ankles.

The construction and design features of these garments are indicative of knit loungewear. Consequently, the applicable subheading for Styles 12/1878, WT4241 and WT4243 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 12/1858 will be6109.10.0027, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops, and similar garments, knitted or crocheted: of cotton: mens' or boys': other: other T-shirts: other. The duty rate will be 19.6 percent ad valorem.

The applicable subheading for Styles TP100458 and WG005 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 Styles 42458, WG003 and WG004 and 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.

Styles 12/1878, 12/1858, WT4241 and WT4243 fall within textile category designation 338. Styles TP100458, WG003, WG004 and WG005 fall within textile category designation 347. Based upon international textile trade agreements, products of Turkey 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,

Robert B. Swierupski
Director,

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