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NY I86585




October 10, 2002

CLA-2-62:RR:NC:WA:355 I86585

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2050

Ms. Tonya Smith
Hartwell Industries, Inc.
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a men’s shirt from various countries

Dear Ms. Smith:

In your letter dated October 2, 2002, you requested a classification ruling.

You submitted a sample of a men’s shirt which you identified as style 7865T. That is the style designation for tall sizes. The garment will also be made in regular sizes as style 7865. The shirt is made of 70 percent rayon and 30 percent polyester woven fabric in a green and white check design.. The shirt features a full frontal opening with seven buttons for closure, a buttoned-down collar, long sleeves with buttoned cuffs, a curved hemmed bottom and a left chest pocket.

In your letter, you have stated that the garment may be sourced in Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Malaysia, Ethiopia, Vietnam or Myanmar. The sample garment had a tag hanging from it which identified the countr(ies) of origin. “Myanmar” was one of the countries listed. For purposes of 19 U.S.C. 1304, “Myanmar” by itself would not be an acceptable country of origin marking. The names “Burma”, “Burma/Myanmar” or “Myanmar/Burma” would satisfy the country or origin markings of 19 U.S.C. 1304.

The applicable subheading for styles 7865 and 7865T will be 6205.30.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts, of man-made fibers, other, other, other, with two or more colors in the warp and/or the filling, men’s. The duty rate will be 29.5 cents per kg. plus 26.2 percent ad valorem.

Style 1110 falls within textile category designation 640. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are subject to quota and the requirement of a visa. Products of Myanmar/Burma are subject to quota, but do not require a visa. Products of Ethiopia and Vietnam are not subject to quota and do not require a visa.

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 the ruling 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 the ruling, contact National Import Specialist Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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