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NY I85604




September 23, 2002

CLA-2-61:RR:NC:TA:N3:356 I85604

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1007

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 T-shirts from Mexico.

Dear Ms. Disher:

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

Styles SM40, SM43, SM44, SM4Y, 40SM, 43SM, 44SM and 4YSM are men’s T-shirts constructed from 50 percent cotton, 50 percent polyester, finely knit, jersey fabric that weighs less than 200 grams per square meter. Styles SM40, SM43, SM44, SM4Y, 40SM, 43SM, 44SM and 4YSM feature a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. The garments will be imported in sizes Small through 4XL.

Styles SM40 and 40SM will be imported in white only. Styles SM43 and 43SM will be imported in pastels and in ash gray. Styles SM44, 44SM, SM4Y and 4YSM will be imported in dark colors and in light steel gray.

At the time of entry, Customs may verify the actual fiber content of Styles SM40, SM43, SM44, SM4Y, 40SM, 43SM, 44SM and 4YSM. If the fiber content differs from the fiber content stated in your letter, the tariff classification may change from the information indicated below.

The applicable subheading for Styles SM40, SM43, SM44, SM4Y, 40SM, 43SM, 44SM and 4YSM will be 6109.90.1007, 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: men's or boys': T-shirts: men’s. The rate of duty will be 32.4 percent ad valorem.

Styles SM40, SM43, SM44, SM4Y, 40SM, 43SM, 44SM and 4YSM 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 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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