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NY K83023




March 3, 2004
CLA-2-61:RR:NC:TA:N3:356 K83023

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.10.0010; 6110.20.2065; 6110.90.9088

Mr. Richard Bowen
Hampshire Brands
119 West 40th Street, 22nd Floor
New York, NY 10018

RE: The tariff classification of men’s knit garments from China, the Philippines, and Vietnam.

Dear Mr. Bowen:

In your letter dated February 5, 2004, and in additional information dated February 20, 2004, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 62613 is a men’s pullover garment constructed from 100 percent cotton, finely knit interlock fabric that measures 30 stitches per two centimeters counted in the horizontal direction. Style 62613 features a rib knit crew neckline; embroidery on the center chest; long, loose fitting, hemmed sleeves; a half moon at the rear neckline; and a hemmed bottom with side slits and a tail.

Style 62640 is a men’s shirt constructed from 100 percent cotton, finely knit interlock fabric that measures 15 stitches per linear centimeter counted in the horizontal direction and 15 stitches per linear centimeter counted in the vertical direction. Style 62640 features a self-fabric spread collar; a full front opening with seven button closures; long, hemmed sleeves; a patch pocket on the left chest; a half moon at the rear neckline; and a straight, hemmed bottom with side slits.

Style 62610 is a men’s pullover garment constructed from 100 percent cotton, finely knit interlock fabric that measures 30 stitches per two centimeters counted in the horizontal direction. Style 62610 features a rib knit crew neckband; long, loose fitting, hemmed sleeves; and a curved, hemmed bottom.

Style 44004 is a men’s pullover garment constructed from 55 percent silk, 45 percent cotton, jersey knit fabric that measures 13 stitches per two centimeters counted in the horizontal direction. Style 44004 features a rib knit spread collar; a partial front opening with three button closures; long sleeves with rib knit cuffs; and a rib knit waistband.

Style 44005 is a men’s pullover garment constructed from 100 percent cotton, jersey knit fabric that measures 13 stitches per 2 centimeters counted in the horizontal direction. Style 44005 features a rib knit V-neckline; long raglan sleeves with rib knit cuffs; and a rib knit waistband.

The applicable subheading for Styles 62613, 62610 and 44005 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 16.5 percent ad valorem.

The applicable subheading for Style 62640 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 19.7 percent ad valorem.

The applicable subheading for Style 44004 will be 6110.90.9088, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials: other: other: other: men's or boys'. The rate of duty is 6 percent ad valorem.

Styles 62613, 62610, 62640 and 44005 fall within textile category designation 338. Style 44004 falls within textile category designation 838. Based upon international textile trade agreements, garments that fall within textile category 338 from Vietnam and the Philippines are subject to visa requirements and quota restraints. Garments that fall within textile category 838 from China 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 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 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
Director,
National Commodity

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