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NY I86888





October 24, 2002

CLA-2-61:RR:NC:TA:N3:356 I86888

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0012; 6109.10.0018

Ms. Dana N. Mobley:
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301

RE: The tariff classification of men’s knit garments from Honduras and Pakistan.

Dear Ms. Mobley:

In your letter dated September 20, 2002, you requested a tariff classification ruling. As requested, your samples will be returned.

Lot number 504-3270 are men’s tank tops constructed from 100 percent cotton, finely knit, 2x2 ribbed fabric. Lot number 504-3270 has oversized armholes; shoulder straps that measure less than 2 inches in width; a low round front neckline; a rear neckline that falls below the nape of the neck; and a straight, hemmed bottom. The garments will be imported in gray and black in sizes Small through 2XL.

Lot number 504-4209 are men’s T-shirts constructed from 100 percent cotton, finely knit jersey fabric. The garments feature a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. The garments will be imported in gray and black in sizes Small through 2XL.

You state that the fabric weight of Lot number 504-4209 is 200 grams per square meter. At the time of entry, Customs may verify the actual fabric weight of these garments. 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 Lot number 504-3270 will be 6109.10.0018, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: other: tank tops and other singlets: men’s. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for Lot number 504-4209 will be 6109.10.0012, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men’s or boys’: other: other T-shirts: men’s. The duty rate will be 17.4 percent ad valorem.

Lot Numbers 504-3270 and 504-4209 fall within textile category designation 338. Based upon international textile trade agreements, products of Honduras are not presently subject to visa requirements or quota restraints. Products of Pakistan are subject to visa requirements and 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,

Robert B. Swierupski

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