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NY J87015




September 9, 2003

CLA-2-61:RR:NC:TA-359: J87015

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010, 6110.20.2075, 9819.11.12

Ms. Melissa Weiss
Barthco International, Inc.
721 Chestnut Street
Philadelphia, Pennsylvania 19106

RE: The tariff classification and eligibility for duty free status under heading 9819, Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of three samples of women’s knitwear from Botswana or Uganda.

Dear Ms. Weiss:

In your letter dated July 31, 2003, submitted on behalf of your client, Leonard Feinberg, Inc., 1407 Broadway, New York City, you requested a ruling on the tariff classification as well as on the eligibility for duty free status under the African Growth and Opportunity Act (AGOA) of one woman’s knitted pullover and two knitted shirts. Your samples are returned, as requested.

Style 3010-07L is a woman’s knitted pullover with long, hemmed sleeves; a round neckline that is finished with a decorative narrow fabric edging that is sewn to the neck with overlock stitching; and a hemmed bottom. The pullover extends from the wearer’s neck and shoulders to below her waist. The fiber content is 60% cotton, 40% polyester. The rib knit, pointelle fabric has more than nine stitches per two centimeters, measured in the direction in which it is formed.

Style 3010-04L is a woman’s knitted shirt that has long, hemmed sleeves; a hemmed bottom; and a v-shaped neckline that has a partial opening with a closure that is fastened by a narrow fabric ribbon. The neckline is finished with a decorative narrow fabric that serves as an edging. The fiber content is 60% cotton, 40% polyester. The rib knit, pointelle fabric has more than ten stitches per linear centimeter measured in both the horizontal and the vertical directions.

Style 3015-12P is a woman’s knitted shirt with long, hemmed sleeves; a hemmed bottom; a round neckline with a partial placket in the front that is fastened by three buttons; and a half-moon fabric insert on the inside of the rear neckline. The fiber content is 60% cotton, 40% polyester. The rib knit fabric of the shirt has more than ten stitches per linear centimeter in both the horizontal and vertical directions.

The applicable subheading for the woman’s knitted pullover, Style 3010-07L, will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The duty rate will be 16.9% ad valorem.

The applicable subheading for the two women’s knitted shirts, Styles 3010-04L and 3015-12P, will be 6106.10.0010, HTS, which provides for women’s --- shirts, knitted or crocheted: of cotton: women’s. The duty rate will be 19.8% ad valorem.

You have stated that, for each one of the three styles that you submitted, “the fabric and trim will be shipped in rolls from China into (either) Botswana or Uganda, (where) the fabric will be cut and sewn ----(and) where the garment will be assembled.” Additionally, for Style 3015-12P the buttons will be shipped from China to Botswana or Uganda where they will be sewn to the garment.

The African Growth and Opportunity Act (AGOA) permits the entry into the United States of specific textile and apparel articles free of duty. Those countries that are designated as eligible sub-Saharan African countries in U.S. Note 1, Subchapter XIX, Chapter 98, HTS, and that are the subject of the publication of a notice of eligibility by the United States Trade Representative in the Federal Register, may benefit from this program. (See U.S. Note 2 (d), Subchapter XIX, Chapter 98, HTS). The countries of Botswana and Uganda are included in each of these tariff notes. In addition, the goods must be imported directly into the customs territory of the United States.

Based of the information that you supplied, and provided that all statutory requirements are met, the pullover and the two shirts are eligible for duty free treatment under subheading 9819.11.12, HTS, which provides for “Articles imported from a designated beneficiary sub-Saharan African country enumerated in U.S. Note 1 to this subchapter: Apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more such lesser developed countries enumerated in U.S. Note 2(d) to this subchapter, subject to the provisions of U.S. Note 2 to this subchapter, regardless of the country of origin of the fabric or the yarn used to make such articles, if entered during the period beginning on the date announced in a Federal Register notice issued by the United States Trade Representative and continuing through September 30, 2004, inclusive ---.” The duty rate is FREE.

The three samples submitted, that is, the woman’s knit pullover and the two women’s knit shirts, fall within textile category designation 339. Based upon international textile trade agreements products of Botswana or Uganda are neither subject to quota nor the requirement of 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 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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