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NY I86577





November 6, 2002

CLA-2-61:RR:NC:TA:N3:356 I86577

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.10.0010

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a men’s knit shirt from China, Cambodia, Ethiopia, Hong Kong, Indonesia, Korea, Malaysia, Myanmar / Burma, the Philippines, Sri Lanka, Taiwan and Vietnam.

Dear Ms. Smith:

In your letter dated October 1, 2002, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 290 is a men’s shirt constructed from 60 percent cotton, 40 percent polyester, pique knit fabric that measures 10 stitches per linear centimeter counted in the horizontal direction and 20 stitches per linear centimeter counted in the vertical direction. Style 290 features a rib knit spread collar; a partial front opening with a three button placket; short sleeves with rib knit cuffs; and a straight, hemmed bottom with side slits. The same garment will be imported in tall sizes as Style 290T.

The applicable subheading for Styles 290 and 290T will be 6105.10.0010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ shirts, knitted or crocheted: of cotton: men's. The rate of duty will be 20 percent ad valorem.

Styles 290 and 290T fall within textile category designation 338. Based upon international textile trade agreements, products of China, Cambodia, Hong Kong, Indonesia, Korea, Malaysia, the Philippines, Sri Lanka, and Taiwan are subject to visa requirements and quota restraints. Products of Ethiopia, Myanmar / Burma, and Vietnam are not presently subject to visa requirements or quota restraints.

For your information, merchandise from Myanmar / Burma must be marked for country of origin purposes with the names “Burma”, “Myanmar / Burma”, or “Burma / Myanmar” to satisfy the requirements of 19 U.S.C. 1304. Imported goods that are marked with “Myanmar” alone do not meet the country of origin requirements.

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 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

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