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NY J80787




March 7, 2003

CLA-2-61: RR:NC:TA:N3:356 J80787

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6103.42.1050; 6105.10.0010; 6110.20.2065

Mr. Randy Nevil
Quick Response Marketing, Inc.
4050 Cedar Lake Road
Goddard, KS 67052

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

Dear Mr. Nevil:

In your letter dated February 10, 2003, you requested a tariff classification ruling on behalf of Kmart Corporation. As requested, your samples will be returned.

Style 4206 is a men’s shirt constructed from 100 percent cotton, thermal knit fabric that measures 14 stitches per linear centimeter counted in the horizontal direction and 15 stitches per linear centimeter counted in the vertical direction. Style 4206 has a partial front opening with two button closures; a rib knit Henley neckline; long, raglan sleeves with rib knit cuffs; screen printing on the center chest; and a straight bottom finished with overlock stitching.

Style 4205 is a men’s pullover garment constructed from 100 percent cotton, finely knit jersey fabric that measures 27 stitches per two centimeters counted in the horizontal direction. Style 4205 has a rib knit crew neckline; short, hemmed sleeves; pieced front and rear yokes; screen printing on the center chest; and a straight, hemmed bottom.

Style 4203 is a men’s “muscle shirt” constructed from 100 percent cotton, finely knit jersey fabric that measures 27 stitches per two centimeters counted in the horizontal direction. Style 4203 is sleeveless and has a self-fabric crew neckline; oversized armholes finished with overlock stitching; a large applique on the center chest; and a straight, hemmed bottom.

Style 4201 is a pair of men’s lounge pants constructed from 80 percent cotton, 20 percent polyester, French terry knit fabric. The pants have a heavy weight rib knit waistband with an outside drawcord; side seam pockets; a woven fabric label on the left hip; and overlock stitching finishing the leg openings.

Style 4204 is a pair of men’s shorts constructed from 80 percent cotton, 20 percent polyester, French terry knit fabric. The shorts have a rib knit, tunnel elastic waistband with an outside drawcord; side seam pockets; and overlock stitching finishing the leg openings.

These garments are considered to be multi-use garments, designed for wear in a variety of social situations. As such, they are not classified as sleepwear, which is limited to garments designed for wear only to bed.

The applicable subheading for Style 4206 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 is 19.8 percent ad valorem.

The applicable subheading for Styles 4205 and 4203 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 is 16.9 percent ad valorem.

The applicable subheading for Style 4201 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: trousers and breeches men’s. The rate of duty is 16.2 percent ad valorem.

The applicable subheading for Style 4204 will be 6103.42.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: shorts men’s. The rate of duty is 16.2 percent ad valorem.

Styles 4206, 4205 and 4203 fall within textile category designation 338. Styles 4201 and 4204 fall within textile category designation 347. Based upon international textile trade agreements, products of Pakistan are subject to visa requirements and quota restraints.

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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