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January 28, 1999

CLA-2-61:RR:NC:TA:N3:356 D85694

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0012

Ms. Lesa R. Hubbard
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The tariff classification of a men's T-shirt from Mexico. Dear Ms. Hubbard:

In your letter dated December 15, 1998, you requested a tariff classifi?cation ruling. As requested, the sample will be returned.

Lot number 504-4676 is a men's dyed T-shirt constructed from 100 percent cotton, finely knit jersey fabric. Lot number 504-4676 features a rib knit crew neckline; a patch pocket on the left chest; short, hemmed sleeves; and a straight, hemmed bottom. You have stated that Lot number 504-4676 will be imported in sizes S-XXL and 2XLT-5XLT.

The applicable subheading for Lot number 504-4676 will be 6109.10.0012, Har?monized Tariff Schedule of the United States, (HTS), which provides for: T-shirts, singlets tank tops, and similar garments, knitted or crocheted: of cotton: other: other T-shirts: men's. The general rate of duty will be 18.8 percent ad valorem.

Textile merchandise which does not qualify as “originating” under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon in?ter?national trade agree?ments. Lot number 504-4676 falls within textile category designation 338. Based upon in?ter?national textile trade agree?ments, products of Mexico are subject to a visa re?quire?ment and quota restraints. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the sub?ject mer?chan?dise may be affected. Since part categories are the result of in?ter??na?tion??al bilateral agreements which are sub?ject to frequent re?ne?go?ti?a?tions 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?spec?tion 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 docu?ments filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski
Director

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