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NY J85288




June 30, 2003

CLA-2-61:RR:NC:WA:361 NY J85288

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006; 6109.10.0040

Mr. Kevin Maher
CAir Customhouse Brokers
International Freight Forwarders
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a woman’s knit T-shirt and pants from Turkey.

Dear Mr. Maher:

In your letter dated May 29, 2003, on behalf of your client Delta Galil USA, you requested a tariff classification ruling.

The submitted samples, Style #320-322, consist of a woman’s T-shirt and a pair of pants. The top of Style 320-322 is constructed from 94% cotton, and 6% spandex knit fabric that weighs less than 200 grams per square meter. The T-shirt features a modified round neckline with elasticized capping, short sleeves, and a straight hemmed bottom. The pull-on pants is constructed from 52% cotton, 40% polyester, and 6% spandex knit fabric. The pants feature a wide elasticized waistband, and hemmed leg openings.

We are returning your samples as you requested.

The applicable subheading for the T-shirt, Style 320-322, will be 6109.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s T-shirts and similar articles, knitted or crocheted, of cotton, women’s, other, T-shirts, women’s. The rate of duty will be 17% ad valorem.

Style 320-322 (T-shirt) falls within textile category designation 339. Based upon international textile trade agreements this category from Turkey is subject to quota restraints and visa requirements.

The applicable subheading for the pants, Style 320-322, will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s trousers, knitted or crocheted, of cotton, other, trousers and breeches, women’s, containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 15.1% ad valorem.

Style 320-322 (pants ) falls within textile category designation 348. Based upon international textile trade agreements this category from Turkey is subject to quota restraints and visa 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director,

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