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NY D84068




November 18, 1998

CLA-2-61:RR:NC:TA:N5:356 D84068

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.10.0030; 6203.42.4045

Ms. Linda Hamanaka
Ken Hamanaka Co., Inc.
5777 W. Century Boulevard, Suite 760
Los Angeles, CA 90045

RE: The tariff classification of boys' knit garments from Malaysia.

Dear Ms. Hamanaka:

In your letter dated October 16, 1998, you requested a tariff classification ruling on behalf of Kids in Motion. As requested, your samples will be returned.

Style 28468BJ, which will be imported in sizes 4-14, consists of a boys' knit shirt and a pair of woven pants. The shirt is constructed from 100 percent cotton, finely knit jersey fabric which measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The shirt features a rib knit, Henley neckline with a four button placket; long sleeves with rib knit cuffs; a woven fabric half-moon at the rear neckline; and a straight, hemmed bottom. The pants are constructed from 100 percent cotton, woven flannel fabric and feature a covered elastic waistband; a fly front opening with a one button closure; and fabric covered elastic cuffs at the ankles.

The applicable subheading for the shirt will be 6105.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts, knitted or crocheted: of cotton: other: boys': other. The duty rate will be 20.5 per cent ad valorem. The applicable subheading for the pants will be 6203.42.4045, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, ...: of cotton: other: other: trousers...: boys': other: other. The duty rate will be 17.3 percent ad valorem.

The shirt falls within textile category designation 338. The pants fall within textile category designation 347. Based upon international textile trade agreements, products of Malaysia are subject to visa requirements and quota restraints.

The textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the sub- ject 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,
National Commodity

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