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NY F84781





May 19, 2000

CLA-2-61:RR:NC:TA:N3:356 F84781

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.10.0010; 6203.42.4015

Ms. Susan Kohn Ross
S. K. Ross & Associates, P.C.
5777 West Century Blvd., Suite 520
Los Angeles, CA 90045-5659

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

Dear Ms. Ross:

In your letter dated March 13, 2000, you requested a tariff classification ruling on behalf of Esportia International, Inc.

Style 800 consists of a men’s Henley shirt and a pair of pull on pants. The shirt is constructed from 100 percent cotton, pique knit fabric which measures 12 stitches per linear centimeter counted in the horizontal direction and 20 stitches per linear centimeter counted in the vertical direction. The garment features a rib knit, Henley neckline; a partial front opening with three button closures; 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 fabric. The pants feature an elasticized waistband with a drawstring that fastens on the outside of the waist; two side seam pockets; a one button fly to ensure modesty; and hemmed pant leg openings. The fly is relatively deep and the buttons so positioned to prevent gapping.

The applicable subheading for the shirt of Style 800 will be 6105.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts: knitted or crocheted: of cotton: men’s. The duty rate will be 20.2 percent ad valorem. The applicable subheading for the pants of Style 800 will be 6203.42.4015, 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: other: other: trousers and breeches: men’s: other. The duty rate will be 17 percent ad valorem.

The shirt of Style 800 falls within textile category designation 338 and the pants of Style 800 fall within textile category designation 347. Based upon international textile trade agreements, products of Malaysia are subject to visa requirements and quota restraints.

The designated textile and apparel categories and their quota and visa status are the results 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 attached to 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 or National Import Specialist Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski

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