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NY I82102




June 17, 2002

CLA-2-62:RR:NC:3:353 I82102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2050; 6205.30.2070

Mr. Forrest Hawes
Wenaas AGS, Inc.
P.O. Box 3040
202 East larkspur
Victoria, TX 77903

RE: The tariff classification of men’s woven shirts from Sweden.

Dear Mr. Hawes:

In your letter dated May 24, 2002 you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. All the submitted samples are intended to be worn by employees working at McDonald Restaurants. The items will not be sold at retail.

Style MCD64 is a man’s 50% polyester and 50% cotton woven shirt. The shirt features hemmed short sleeves, a button down collar, a full frontal opening with a seven button closure and a hemmed bottom. The shirt is solid white in color with the McDonald’s logo embroidered on the left chest.

Style MCD65 is a man’s 50% polyester and 50% cotton woven shirt. The shirt features hemmed short sleeves, a button down collar, a full frontal opening with a seven button closure and a hemmed bottom. The shirt is a yarn dyed blue and white oxford with the McDonald’s logo embroidered on the left chest.

Style MCD38 is a man’s 50% polyester and 50% cotton woven shirt. The shirt features hemmed short sleeves, a button down collar, a full frontal opening with a seven button closure and a hemmed bottom. The shirt is navy blue in color with the McDonald’s logo embroidered on the left chest. The shirt is made of yarns of different colors.

Style MCD01 is a man’s 55% polyester and 45% cotton woven shirt. The shirt features hemmed short sleeves, a button down collar, a full frontal opening with a seven button closure and a hemmed bottom. The shirt is a yarn dyed plaid with the McDonald’s logo embroidered on the left chest.

Style 29002 is a man’s 50% polyester and 50% cotton woven shirt. The shirt features hemmed short sleeves, a button down collar, a full frontal opening with a seven button closure and a hemmed bottom. The shirt is a yarn dyed check with the McDonald’s logo embroidered on the left chest.

The garments meet sizing specifications for men’s sizes and the garments close left over right; therefore, for classification purposes these garments will be treated as men’s garments.

Due to the fact that styles MCD64, MCD65, MCD38 and 29002 are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The shirts will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The shirts may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for styles MCD65, MCD38, MCD01 and 29002 will be 6205.30.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts: of man-made fibers: other: other, other: with two or more colors in the warp and/or the filling: men’s. The duty rate will be 29.5 cents per kg. and 26.2 percent ad valorem .

The applicable subheading for style MCD64 will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts: of man-made fibers: other: other, other: other: men’s. The duty rate will be 29.5 cents per kg. and 26.2 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 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 the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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