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NY D84624





December 17, 1998

CLA-2-61:RR:NC:TA:N5:356 D84624

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065; 6110.30.3050

Ms. Wendy Wieland Martin
Kellwood Company
600 Kellwood Parkway
Chesterfield, Missouri 63017

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

Dear Ms. Martin:

In your letter dated November 6, 1998, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 153632 is a men's pullover garment constructed from 100 percent polyester, finely knit, dropped stitch mesh fabric which contains more than 9 stitches per two centimeters counted in the horizontal direction. Style 153632 features a rib knit mock turtle neck; short sleeves with rib knit cuffs; and a hemmed bottom.

Style 153498 is a men's pullover garment constructed from 100 percent polyester, finely knit ribbed fabric which contains more than 9 stitches per two centimeters counted in the horizontal direction. Style 153498 features a high V-neckline; short, hemmed sleeves; and a hemmed bottom with side slits. There is an embroidered logo on the right chest and woven labels on the lower left and right sides of the front panel.

Style 110865 is a men's sleeveless pullover garment constructed from 100 percent polyester, finely knit fabric which measures more than 9 stitches per two centimeters counted in the horizontal direction. Style 110865 features oversized armholes; a round front neckline; and a curved, hemmed bottom. There is a heat transfer logo on the left chest and on the lower left front panel.

Style 110916 is a men's sleeveless pullover garment constructed from 100 percent polyester, finely knit fabric which measures more than 9 stitches per two centimeters counted in the horizontal direction. Style 110916 features oversized armholes; a round front neckline; and a curved, hemmed bottom. There is a heat transfer logo on the left chest and on the lower left front panel.

Style 121153 is a men's pullover garment constructed from 80 percent cotton, 20 percent polyester, finely knit fabric which is napped on the inside surface. The fabric contains more than 9 stitches per two centimeters counted in the horizontal direction. Style 121153 features a rib knit crew neckline; long sleeves with rib knit cuffs; and a hemmed bottom with side slits and a tail. There is an embroidered logo on the center chest.

The applicable subheading for Styles 153632, 153498, 110865 and 110916 will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men's or boys'. The duty rate is 33.3 percent ad valorem. Effective January 1, 1999 the rate of duty will be 33.1 percent ad valorem.

The applicable subheading for Style 121153 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 is 19 percent ad valorem. Effective January 1, 1999 the rate of duty will be 18.6 percent ad valorem.

Styles 153632, 153498, 110865 and 110916 fall within textile category designation 638. Style 121153 falls within textile category designation 338. Based upon international textile trade agreements, products of Honduras are not presently subject to visa requirements or 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

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