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NY K80356




July 23, 2004

CLA-2-61:RR:NC:TA:N3:356 K80356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0007; 6109.10.0018

Mr. John Nagel
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of men’s singlets from the Dominican Republic.

Dear Mr. Nagel:

In your letter dated October 23, 2003, you requested a tariff classification ruling. Your ruling was delayed pending other agency action. As requested, your sample will be returned.

Style UH02 is a men’s athletic shirt constructed from 100% cotton, lightweight, 2x2 rib knit fabric. The A-shirt features oversized armholes; shoulder straps that measure one and three quarter 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 A-shirts will be imported in retail “3-packs” in sizes S, M, L, XL, and 2XL in all-white, black, and grey heather colors.

The applicable subheading for Style UH02 in all-white will be 6109.10.0007, 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’: singlets, all white, without pockets, trim or embroidery. The duty rate is 16.5 percent ad valorem.

The applicable subheading for Style UH02 in black and grey heather 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: men’s or boys’: tank tops and other singlets: men’s. The duty rate is 16.5 percent ad valorem.

Style UH02 in all-white falls within textile category designation 352. Style UH02 in black and grey heather falls within textile category designation 338. Based upon international textile trade agreements, products of the Dominican Republic in category 338 are subject to visa requirements and quota restraints. Products of the Dominican Republic in category 352 are not presently subject to visa requirements or 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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