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NY G85905




February 26, 2001

CLA-2-61:LA:S:T:1:2:G04 G85905

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Sandy Disher
Sara Lee Branded Apparel
1000 E. Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of a boy’s knit pullover from Mexico, Honduras, or Guatemala

Dear Ms. Disher:

In your letter dated January 26, 2001, you requested a tariff classification ruling.

The submitted sample, style I478, is a boy’s pullover constructed from 50% cotton, 50% polyester knit fabric that is napped on the inside surface. The garment features a rib-knit crew neckline, long sleeves with rib-knit capping, and a straight hemmed bottom. The garment will be imported in boys’ sizes 2T to 5T.

You have indicated in your letter that the fabric is a blend of 50% cotton, 50% polyester. Garments that are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U. S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

Your sample will be returned as requested.

The applicable subheading for the pullover will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men’s or boys’. The rate of duty will be 32.7% 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 international trade agreements. The pullover falls within textile category designation 638. Based upon international textile trade agreements, products of Mexico are subject to a visa requirement and quota restraints.

As a product of Honduras or Guatemala, this merchandise is not subject to a visa requirement or 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 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 this ruling, please contact Field National Import Specialist Jerene Henry at (562) 624-9358 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Vera Adams

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