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NY D83350




November 19, 1998

CLA-2-61:RR:NC:TA:N3:356 D83350

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0012; 6110.20.2065

Mr. Jay Fox
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men's knit garments from Indonesia and Mauritius.

Dear Mr. Fox:

In your letter, dated October 12, 1998, you requested a tariff classification ruling. As requested, the samples will be returned.

Item 033-9380 (reg) is a men's garment constructed from 100 percent cotton, doubleknit fabric. The outer surface measures 11 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit spread collar; a partial front opening with three button closures; a patch pocket on the left chest; short sleeves with rib knit cuffs; and a straight, hemmed bottom with side slits and a tail.

You state that the same garment will be imported in tall sizes under Item 033-9398 (tall).

Item 033-8517 (reg) is a men's garment constructed from 100 percent cotton, pique knit fabric which measures 19 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit spread collar; a partial front opening with three button closures; short sleeves with rib knit cuffs; and a straight, hemmed bottom with side slits and a tail.

You state that the same garment will be imported in tall sizes under Item 033-8666 (tall).

Item 033-9375 (reg) is a men's screen printed T-shirt which is constructed from 100 percent cotton, finely knit jersey fabric. Item 033-9375 (reg) features a rib knit crew neckline; short, hemmed sleeves; and a hemmed bottom.

You state that the same garment will be imported in tall sizes under Item 033-9376 (tall).

The applicable subheading for Items 033-9380 (reg), 033-9398 (tall), 033-8517 (reg) and 033-8666 (tall) 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: other: men's or boys'. The duty rate will be 20.5 percent ad valorem.

The applicable subheading for Items 033-9375 (reg) and 033-9376 (tall) will be 6109.10.0012, 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 T-shirts: men's. The duty rate will be 19.2 percent ad valorem.

Items 033-9380 (reg), 033-9398 (tall), 033-8517 (reg), 033-8666 (tall), 033-9375 (reg) and 033-9376 (tall) fall within textile category designation 338. Based upon international textile trade agreements, products of Indonesia and Malaysia 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 in- spection 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 attached to 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
National Commodity

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