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NY F83969




March 10, 2000

CLA-2-61:RR:NC:3:353 F83969

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1012

Ms. Elizabeth Hodur
Warnaco
90 Park Avenue
New York, NY 10016

RE: The tariff classification of a shirt from China.

Dear Ms. Hodur:

In your letter dated February 15, 2000, received in this office March 1, 2000, you requested a tariff classification ruling. The samples submitted with the ruling request will be returned to you.

The submitted sample, Style #337035 shirt is composed of knit 65% polyester/35% cotton fabric that is coated with a 100% polyurethane plastic material, which completely obscures the underlying fabric. The adult-size shirt features a collar, under-arm vents, a full front, left over right, four hook and loop tab closure with a collar button, and cuffs and two chest pockets with hook and loop tabs.

The applicable subheading for the Style #337035 shirt will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” The duty rate will be 5.3% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Styles #’s 339004 pant and 339054 jacket. Your request for a classification ruling should include more information regarding the polyurethane coated 65% polyester/ 35% cotton fabric and the 50% polyurethane/50% polyvinyl chloride coated 100% polyester fleece fabric. You must determine if the loops in the fabric were made before or after the brushing of the fabric. In addition, please supply a gray state sample of both knit fabrics. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling 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 the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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