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NY I86578





November 6, 2002

CLA-2-61:RR:NC:TA:N3:356 I86578

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065

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

RE: The tariff classification of a men’s knit pullover garment 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 6800 is a men’s pullover garment constructed from 100 percent cotton, double knit fabric that measures 12 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit crew neckline; a triangular insert at the center front neckline; a half moon at the rear neckline; long sleeves with rib knit cuffs; and a snug fitting rib knit bottom. The same garment will be imported in tall sizes as Style 6800T.

The applicable subheading for Styles 6800 and 6800T 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 6800 and 6800T 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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