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NY F81647




February 11, 2000

CLA-2-61:RR:NC:TA:N5:356 F81647

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050; 6110.20.2065; 6203.43.4010; 6205.30.2070

Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of men’s knit and woven garments from India

Dear Mr. Weinrauch:

In your letter dated January 11, 2000, you requested a tariff classification ruling on behalf of Check Group LLC. As requested, your samples will be returned.

Style 6085 consists of a men’s crew neck pullover and a pair of shorts that are constructed from 100 percent cotton, finely knit fabric. The pullover features a rib knit crew neckline; short sleeves with rib knit cuffs; a large embroidered logo on the left chest; a half-moon; a woven label at the outer rear neckline; and a straight, hemmed bottom with side slits. The shorts feature a tunnel elastic waistband with an outside drawstring; a one-button, covered fly front opening; side seam pockets; a rear patch pocket with a flap and a Velcro-like closure; and hemmed legs.

Style 6805 consists of a men’s crew neck pullover and a pair of shorts that are constructed from 100 percent cotton, finely knit fabric. The pullover features a rib knit crew neckline; short sleeves with rib knit cuffs; a large embroidered logo on the left chest; a half-moon; a woven label at the outer rear neckline; and a straight, hemmed bottom with side slits. The shorts feature a tunnel elastic waistband with an outside drawstring; a one-button, covered fly front opening; side seam pockets; a rear patch pocket with a flap and a Velcro-like closure; and hemmed legs. Style 6601 consists of a men’s crew neck pullover and a pair of pants that are constructed from 100 percent cotton, finely knit fabric. The pullover features a rib knit crew neckline; short sleeves with rib knit cuffs; a patch pocket on the left chest; a large embroidered “Phat Farm” logo on the patch pocket; a half-moon; and a straight, hemmed bottom with side slits. The pants feature a tunnel elastic waistband with an outside drawstring; a one-button, covered fly front opening; side seam pockets; a rear patch pocket with a Velcro-like closure; and hemmed legs.

Style 6900 is a men’s camp shirt and a a pair of pants. The shirt and pants are constructed from 75% polyester, 25% rayon woven poplin fabric. The shirt features a spread collar; a full front opening with six button closures; lapels with a button and loop closure; a patch pocket on the left chest with an embroidered “Phat Farm” logo; a half-moon; a rear hanger loop; short, hemmed sleeves; and a hemmed bottom with side slits. The pants feature a tunnel elastic waistband with an outside drawstring; a one-button, covered fly front opening; side seam pockets; a rear patch pocket with an embroidered “Phat Farm” logo; a patch pocket on the right leg above the knee; and hemmed legs.

All of the garments have a woven fabric brand name label on the inside or outside front waistband and the inside and/or outside rear neckline, that states “PHAT FARM Lounge Wear Collection”. Styles 6805 and 6085 also show a “PHAT FARM Classic American Flava” logo that is embroidered on the left chest.

The applicable subheading for the knit fabric pullovers of Styles 6085, 6805 and 6601 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: men's or boys'. The duty rate will be 18.2 percent ad valorem.

The applicable subheading for the knit fabric pants of Style 6601 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts (other than swimwear): of cotton: trousers and breeches: mens’. The duty rate will be 16.5 percent ad valorem. The applicable subheading for the knit fabric shorts of Styles 6085 and 6805 will be 6103.42.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts (other than swimwear): of cotton: shorts: men’s. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for the woven fabric shirt of Style 6900 will be 6205.30.2070, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys' shirts: of man-made fibers: other: other: other: mens’. The duty rate will be 29.8 cents/kg + 26.5 percent ad valorem.

The applicable subheading for the woven fabric pants of Style 6900 will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts (other than swimwear): of synthetic fibers: other: trousers and breeches: men’s. The duty rate will be 28.6 percent ad valorem.

The pullover garments of Styles 6085, 6805 and 6601 fall within textile category designation 338. The pants of Style 6601 and the shorts of Styles 6085 and 6805 fall within textile category designation 347. The pants of Style 6900 fall within textile category designation 647. The shirt of Style 6900 falls within textile category designation 640. Based upon international textile trade agreements, products of India are subject to visa requirements and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,

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