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NY H87636





March 4, 2002

CLA-2-61:RR:NC:TA:N3:356 H87636

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0012; 6110.30.3050

Ms. Sandy Disher
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a men’s knit T-shirt and pullover from Haiti, Honduras and Mexico.

Dear Ms. Disher:

In your letter dated February 6, 2002, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 9721 is a men’s pullover garment constructed from finely knit, jersey fabric. The garment has a rib knit, crew neckline; a patch pocket on the left chest; short, hemmed sleeves; and a straight, hemmed bottom. The front and back panels and the sleeves are each constructed from a single piece of fabric. Style 9721 will be imported in sizes S, M, L, and XL.

The classification of Style 9721 will vary by fiber content and fabric weight. The fiber content of Style 9721 will be 100 percent cotton in white, pastel, and dark colors; 90 percent cotton, 10 percent polyester in light steel gray; and 50 percent cotton, 50 percent polyester in charcoal gray heather.

The fabric weight of Style 9721 in 100 percent cotton and in 90 percent cotton, 10 percent polyester will be less than 200 grams per square meter. The fabric weight of Style 9721 in 50 percent cotton, 50 percent polyester will be more than 200 grams per square meter.

Consequently, the applicable subheading for Style 9721 in 100 percent cotton and in 90 percent cotton, 10 percent polyester will be 6109.10.0012, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men’s or boys’: other: other T-shirts: men’s. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for Style 9721 in 50 percent cotton, 50 percent polyester 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: men’s or boys’. The rate of duty will be 32.4 per cent ad valorem.

At the time of entry, Customs may verify the actual fiber content of Style 9721 in the 50 percent cotton, 50 percent polyester fiber blend. If the fiber content differs from the content indicated in your letter, the tariff classification may change from the information indicated above.

Style 9721 in 100 percent cotton and in 90 percent cotton, 10 percent polyester falls within textile category designation 338. Style 9721 in 50 percent cotton, 50 percent polyester falls within textile designation 638. Based upon international textile trade agreements, products of Haiti are subject to visa requirements. Products of Honduras and Mexico are not presently subject to visa requirements 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 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 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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