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NY I89403




January 24, 2003

CLA-2-61: RR:NC:TA:356 I89403

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050; 6103.43.1520; 6105.10.0010; 6110.20.2065; 6110.30.3050

Ms. Irene Chan
T. H. Kelly International, Inc.
1160 Cherry Avenue
San Bruno, CA 94066

RE: The tariff classification of men’s knit loungewear from Thailand.

Dear Ms. Chan:

In your letter dated December 12, 2002, you requested a tariff classification ruling on behalf of Karen Neuburger Sleepwear, Division of San Francisco Networks. As requested, your samples will be returned.

Style MW 028 is a men’s pullover garment constructed from 95 percent cotton, 5 percent polyester, double knit fabric that measures 22 stitches per 2 centimeters counted in the horizontal direction. The garment has a self-fabric crew neckline with reverse fabric piping; long, hemmed sleeves; reverse fabric inserts at each armhole; and a straight, hemmed bottom with side slits.

Style MW 033 is a men’s garment constructed from finely knit fabric that is brushed on the outside surface. The garment will be produced in two fiber blends, 55 percent polyester, 45 percent cotton and 60 percent cotton, 40 percent polyester. The garment has a full front opening with a zipper closure; a self-fabric spread collar; long sleeves with tunnel elastic cuffs; pouch pockets below the waist; a half-moon at the rear neckline; and a straight, hemmed bottom.

Style MW 034 is a pair of men’s lounge pants that are constructed from finely knit fabric that is brushed on the outside surface. The pants will be produced in two fiber blends, 55 percent polyester, 45 percent cotton and 60 percent cotton, 40 percent polyester. The pants have a contrast color tunnel elastic waistband with an outside drawcord; side seam pockets; a rear patch pocket; and hemmed legs.

Style MW 036 is a men’s shirt constructed from 60 percent cotton, 40 percent polyester, interlock knit fabric that measures 13 stitches per linear centimeter counted in the horizontal direction and 12 stitches per linear centimeter counted in the vertical direction. The shirt features a rib knit Henley neckline; a partial front opening with three button closures; long sleeves with rib knit cuffs; a half-moon at the rear neckline; and a straight, hemmed bottom with side slits.

Style MW 037 is a pair of men’s lounge pants that are constructed from 60 percent cotton, 40 percent polyester, finely knit, printed interlock fabric. The pants have a tunnel elastic waistband with an outside drawcord; a one button fly front opening; side seam pockets; and hemmed legs.

Style MW 041 is a pair of men’s lounge shorts that are constructed from 60 percent cotton, 40 percent polyester, finely knit, printed interlock fabric. The shorts have a tunnel elastic waistband with an outside drawcord; a one button fly front opening; side seam pockets; and hemmed leg openings.

We are returning Style 9025N because additional information is needed in order to issue a ruling. As stated in our telephone conversation of January 16, 2003, when the necessary information is obtained, you may return the sample for a classification ruling. Please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. If you resubmit your request for Style 9025N, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

The applicable subheading for Style MW 028 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 16.9 percent ad valorem.

The applicable subheading for Style MW 033 in the 60 percent cotton, 40 percent polyester fiber blend 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 16.9 percent ad valorem.

The applicable subheading for Style MW 033 in the 55 percent polyester, 45 percent cotton fiber blend will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: men's or boys'. The rate of duty will be 32.2 percent ad valorem.

The applicable subheading for Style MW 034 in the 60 percent cotton, 40 percent polyester fiber blend will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of cotton: trousers and breeches men’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for Style MW 034 in the 55 percent polyester, 45 percent cotton fiber blend will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of synthetic fibers: other: trousers and breeches: men’s. The rate of duty will be 28.4 percent ad valorem.

The applicable subheading for Style MW 036 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 19.8 percent ad valorem.

The applicable subheading for Style MW 037 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of cotton: trousers and breeches men’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for Style MW 041 will be 6103.42.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’trousers, breeches and shorts, knitted or crocheted: of cotton: shorts men’s. The rate of duty will be 16.2 percent ad valorem.

Styles MW 028 and MW 036 and Style MW 033 in the 60 percent cotton, 40 percent polyester fiber blend fall within textile category designation 338. Style MW 033 in the 55 percent polyester, 45 percent cotton fiber blend falls within textile category designation 638. Styles MW 037 and MW 041 and Style MW 034 in the 60 percent cotton, 40 percent polyester fiber blend fall within textile category designation 347. Style MW 034 in the 55 percent polyester, 45 percent cotton fiber blend falls within textile category designation 647. Based upon international textile trade agreements, products of Thailand 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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