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NY G85489




February 2, 2001

CLA-2-61:RR:NC:TA:N3:356 G85489

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

Ms. Elizabeth Hodur
Warnaco, Inc.
149 Madison Avenue, 5th floor
New York, NY 10016

RE: The tariff classification of a men’s knit pullover garment in a PVC bag from Mexico.

Dear Ms. Hodur:

In your letter dated December 15, 2000, you requested a tariff classification ruling on behalf of CK Jeans. As requested, your samples will be returned.

Style BMF3413D consists of a men’s pullover garment packed in a clear polyvinyl chloride (PVC) bag. The pullover is constructed from 100 percent cotton, finely knit jersey fabric and has a wide, loose fitting body; a rib knit, crew neckline; short, hemmed sleeves; a large embroidered logo and screen printing on the center chest; and a straight, hemmed bottom. The PVC bag measures 7 inches long, 5 inches wide and 2 inches deep and has a plastic zippered opening along the top.

The clear PVC bag is not clearly suitable for repetitive use and, pursuant to GRI 5(b) will be classified with its contents. Consequently, the applicable subheading for Style BMF3413D 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 17.8 percent ad valorem.

Style BMF3413D falls within textile category designation 338. Based upon international textile trade agreements, products of Mexico 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 listed 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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