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NY I80403




May 9, 2002

CLA-2-61:RR:NC:TA:N3:356 I80403

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.20.2010

Mr. Rob Holdren
T.H. Weiss & Co., Inc
6oo East Dallas Road, Suite 480
Grapevine, TX 76051

RE: The tariff classification of men’s knit shirts from France.

Dear Mr. Holdren:

In your letter dated April 4, 2002, you requested a tariff classification ruling on behalf of Zefal USA. Item K5218 “Island” was destroyed during analysis. As requested, Item K5230 “Wintree” will be returned.

Item K5218 “Island” is a men’s shirt constructed from finely knit laminated fabric that measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The shirt features a stand-up collar; a partial front opening with a zippered closure; long sleeves with self-fabric cuffs; a woven fabric label on the lower portion of the front panel; a woven label in the right side seam; and a hemmed bottom with a curved tail.

The entire front panel, the stand-up collar, and the back yoke are constructed from a bonded fabric consisting of an outer layer of 100 percent polyester, finely knit interlock fabric, a middle layer of a breathable plastic membrane, and an inner layer of 100 percent polyester, flat knit mesh fabric. The remainder of the rear panel and the sleeves are constructed from 100 percent polyester, mesh knit fabric. HTS 6113 does not apply because the plastic membrane is not visible in cross-section.

Item K5230 “Wintree” is a men’s shirt constructed from light weight, 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. The fabric measures 11 stitches per linear centimeter counted in the horizontal direction and 13 stitches per linear centimeter counted in the vertical direction. Item K5230 features a stand-up collar; a partial front opening with a zippered closure; long, hemmed sleeves; and a hemmed bottom with a curved tail.

The applicable subheading for Items K5218 “Island” and K5230 “Wintree” will be 6105.20.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ shirts, knitted or crocheted: of man-made fibers: other: men’s. The rate of duty will be 32.5 percent ad valorem.

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 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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