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NY I81859




August 30, 2002

CLA-2-61:RR:NC:TA:N3:356 I81859

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0005; 6110.20.2065

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 Mexico.

Dear Ms. Disher:

In your letter dated April 18, 2002, you requested a tariff classification ruling. Your sample was destroyed due to laboratory analysis.

Style TA20 is a men’s pullover garment constructed from 100 percent cotton, finely knit, jersey fabric. The garment has a rib knit, crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. Style TA20 will be imported in sizes M through 3XL.

The classification of Style TA20 will vary by fabric weight. The laboratory report states that the fabric weight of Style TA20 in white is less than 200 grams per square meter. In your letter, you state that the fabric weight of Style TA20 in dark colors is more than 200 grams per square meter.

Consequently, the applicable subheading for Style TA20 in white, weighing less than 200 grams per square meter, will be 6109.10.0005, 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’: T-shirts, all white, short hemmed sleeves, hemmed bottom, crew or round neckline, without pockets, trim or embroidery. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for Style TA20 in dark colors, weighing more than 200 grams per square meter, 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 rate of duty will be 17.3 per cent ad valorem.

At the time of entry, Customs may verify the fabric weight of Style TA20. If the fabric weight differs from the weights indicated in this letter, the tariff classification may change from the information indicated above.

Style TA20 in white falls within textile category designation 352. Style TA20 in dark colors falls within textile designation 338. Based upon international textile trade agreements, products of 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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