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NY K86491





June 1, 2004

CLA-2-61:RR:NC:WA:358 NY K86491

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0030

Mr. Kevin Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue 25th Floor
New York, NY 10022-4877

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act for girls’ knit blouses from Honduras.

Dear Mr. Leonard:

In a letter dated May 25, 2004, on behalf of your client H.I.S. International, you requested a ruling on the tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for girls’ knit blouses that will be imported into the United States.

Style No. FGP-44206A/FGP-44206B (long sleeve) and Style No. FGP-44204A/FGP-44204B (short sleeve), are girls’ knit blouses that are constructed from finely knit cotton interlock fabric that has an average of at least 10 stitches per linear centimeter in each direction. The garment has a pointed woven collar, a five button placket at the front neckline that fastens right over left, set-in long or short sleeves, and hemmed fabric at the sleeve ends and garment bottom. Embroidery and applique-work depicting a butterfly appears on one side of the placket opening. The sample will be returned as requested

You have indicated that the knit body fabric is formed in Honduras from U.S. yarn. The woven collar and placket fabric is formed in Honduras from U.S. yarn. The sewing thread originates in the U.S. or a Caribbean Basin Trade Partnership Act (CBTPA) country. The embroidery thread is either of U.S. origin or non-CBTPA country origin. The narrow binding tape is from Taiwan, the buttons are from China and the labels are from China or Hong Kong. The plastic hangers are from China and the polybags and cartons are from Honduras.

The applicable subheading for Style No. FGP-44206A/FGP-44206B (long sleeve) and Style No. FGP-44204A/FGP-44204B (short sleeve) will be 6106.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of cotton, girls’, other . The duty rate is 19.7 percent ad valorem.

Girl’s cotton knit blouses fall within textile category designation 339. Based upon international textile trade agreements this category from Honduras is not subject to quota or the requirement of a visa.

The use of the foreign origin labels, narrow twill binding tape and embroidery thread will not render the blouses ineligible for preferential treatment under the CPTPA provided the blouses otherwise meet the requirements for classification within a CPTPA provision and provided the value of the foreign-origin labels, binding tape and embroidery thread used in the blouses combined does not exceed 25 percent of the total cost of the components of the garment.

Based on the information that you supplied, and provided all requirements are met, Style No. FGP-44206A/FGP-44206B (long sleeve) and Style No. FGP-44204A/FGP-44204B are eligible for duty free treatment under subheading 9820.11.09, HTSUS, which provides for:

Articles imported from a designated beneficiary Caribbean Basin Trade Partnership country enumerated in general note 17(a) to the tariff schedule: Apparel articles (other than socks provided for in heading 6115 of the tariff schedule) knit to shape in such a country from yarns wholly formed in the United States; knitted or crocheted apparel articles (except t-shirts, other than underwear, classifiable in subheadings 6109.10.00 and 6109.90.10 and described in subheading 9820.11.12) cut and wholly assembled in one or more such countries from fabrics formed in one or more such countries or from fabrics formed in one or more such countries and the United States, all the foregoing from yarns wholly formed in the United States (including fabrics not formed from yarns, if such fabrics are classifiable in heading 5602 or 5603 of the tariff schedule and are formed in one or more such countries) and subject to the provisions of U.S. note 2(b) to this subchapter

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 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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