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NY K87576




July 27, 2004
CLA-2-61:RR:NC:TA:N3:356 K87576

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1049; 6110.20.2065; 6110.30.3050; 6110.90.9088

Ms. Lorrie Heavey
ATE Logistics, Inc.
855 South 192nd Street, Suite 900
SeaTac, WA 98148

RE: The tariff classification of men’s knit garments from China.

Dear Ms. Heavey:

In your letter dated July 1, 2004, you requested a tariff classification ruling on behalf of The OTE Group, Inc. As requested, your samples will be returned.

Style 60638 is a men’s pullover garment constructed from 55 percent hemp, 45 percent cotton, heavy weight, jersey knit fabric that measures 20 stitches per two centimeters counted in the horizontal direction. Style 60638 features a rib knit crew neckline; short, hemmed sleeves; a screen printed logo across the center chest; and a straight, hemmed bottom. The fabric weight is stated as 240 grams per square meter.

Style 20541 is a men’s pullover garment constructed from 100 percent cotton, finely knit jersey fabric that measures 27 stitches per two centimeters counted in the horizontal direction. Style 20541 features a rib knit crew neckline; long, hemmed, loose fitting sleeves; a half moon at the rear neckline; a small woven fabric label sewn to the left side seam; and a straight, hemmed bottom. The fabric weight is stated as 180 grams per square meter.

Style 60541 is a men’s pullover garment constructed from 55 percent hemp, 45 percent cotton, heavy weight, jersey knit fabric that measures more than 9 stitches per two centimeters counted in the horizontal direction. Style 60541 features a rib knit crew neckline; long, hemmed, loose fitting sleeves; a half moon at the rear neckline; a small woven fabric label sewn to the left side seam; and a straight, hemmed bottom. The fabric weight is stated as 240 grams per square meter.

Style 81541 is a men’s pullover garment constructed from 55 percent soy, 42 percent cotton, 3 percent spandex, finely knit jersey fabric that measures more than nine stitches per two centimeters counted in the horizontal direction. Style 81541 features a rib knit crew neckline; long, hemmed, loose fitting sleeves; a half moon at the rear neckline; a small woven fabric label sewn to the left side seam; and a straight, hemmed bottom. The fabric weight is stated as 180 grams per square meter.

Style 81050 is a men’s T-shirt constructed from 55 soy, 40 percent cotton, 5 percent spandex, finely knit jersey fabric. Style 81050 features a rib knit crew neckline; short, hemmed sleeves; a half moon at the rear neckline; a small woven fabric label sewn to the left side seam; and a straight, hemmed bottom. The fabric weight is stated as 180 grams per square meter.

The applicable subheading for Styles 60638 and 60541 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.

The applicable subheading for Style 20541 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 is 16.5 percent ad valorem.

Because of the method of processing soy protein fiber, it is considered an artificial man-made fiber. See Chapter 54, General Explanatory Note II (B)(2). Consequently, Styles 81541 and 81050 will be classified as in chief weight of man-made fibers.

The applicable subheading for Style 81541 will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boys’. The rate of duty is 32 per cent ad valorem.

The applicable subheading for Style 81050 will be 6109.90.1049, Harmonized Tariff Schedule of the United States, (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers: men’s or boys’: other. The rate of duty is 32 per cent ad valorem.

Style 20541 falls within textile category designation 338. Styles 81541 and 81050 fall within textile category designation 638. Styles 60638 and 60541 fall within textile category designation 838. Based upon international textile trade agreements, products of China in textile category designations 338 and 638 are subject to visa requirements and quota restraints. Products of China in textile category 838 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,

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