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NY I84496





August 20, 2002

CLA-2-61:RR:NC:TA:N3:356 I84496

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1009

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 boys’ T-shirts from Mexico

Dear Ms. Disher:

In your letter dated July 23, 2002, you requested a tariff classification ruling. As requested, your samples will be returned.

Styles SM30, SM33, SM34, 30SM, 33SM, and 34SM are boys’ T-shirts constructed from 50 percent cotton, 50 percent polyester, finely knit jersey fabric. The garments feature a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. Styles SM30 and 30SM will be imported in white only. Styles SM33 and 33SM will be imported in ash and in pastel colors. Styles SM34 and 34SM will be imported in dark colors. The styles will be imported in sizes Small through XL.

The applicable subheading for Styles SM30, SM33, SM34, 30SM, 33SM, and 34SM will be 6109.90.1009, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers: T-shirts: boys’. The duty rate will be 32.4 percent ad valorem.

At the time of entry, Customs may verify the actual fiber content of Styles SM30, SM33, SM34, 30SM, 33SM, and 34SM. If the fiber content differs from the content indicated in your letter, the tariff classification may change from the information indicated above.

Styles SM30, SM33, SM34, 30SM, 33SM, and 34SM fall within textile category designation 638. 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 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

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