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NY I84643




August 29, 2002

CLA-2-61:RR:NC:TA:N3:356 I84643

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 men’s knit pullover garments from Mexico.

Dear Ms. Disher:

In your letter dated July 29, 2002, you requested a tariff classification ruling. As requested, your samples will be returned.

Styles SM90, SM93, SM94, 90SM, 93SM and 94SM are men’s pullover garments constructed from finely knit, heavy weight jersey fabric that measures 23 stitches per two centimeters counted in the horizontal direction. Styles SM90, SM93, SM94, 90SM, 93SM and 94SM feature a rib knit crew neckline; short, hemmed sleeves; a patch pocket on the left chest; and a straight, hemmed bottom. The garments will be imported in sizes Small through 4XL.

The fiber content of Styles SM90 and 90SM will be 100 percent cotton and the garments will be imported in white only. The fiber content of Styles SM93 and 93SM will be 100 percent cotton in natural, and 99 percent cotton, 1 percent polyester in ash. The fiber content of Styles SM94 and 94SM will be 100 percent cotton in dark colors and 90 percent cotton, 10 percent polyester in light steel gray.

You have stated that the fabric weight of Styles SM90, SM93, SM94, 90SM, 93SM, and 94SM in all colors and fiber blends is more than 200 grams per square meter. At the time of entry, Customs may verify the actual fabric weight of these styles. If the fabric weight differs from that indicated in your letter, the tariff classification may change from the information indicated below.

The applicable subheading for Styles SM90, SM93, SM94, 90SM, 93SM and 94SM 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 percent ad valorem.

Styles SM90, SM93, SM94, 90SM, 93SM and 94SM fall within textile category 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,


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