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NY K87577




July 27, 2004
CLA-2-61:RR:NC:WA:361 NY K87577

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070; 6109.90.8030; 6110.30.3055

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

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

Dear Ms. Heavey:

In your letter dated July 1, 2004, you requested a classification ruling for women’s garments on behalf of OTE Group, Inc. As requested, the garments will be returned.

Style 61540 is made from 51 percent hemp, 39 percent cotton, and ten percent spandex lightweight knit fabric. The pullover styled garment, similar to a T-shirt, has a rounded capped neckline, long raglan sleeves, and a plain, hemmed bottom.

The garment designated as style “OTE logo T-shirt” is also made from 51 percent hemp, 39 percent cotton, and ten percent spandex lightweight knit fabric. The pullover styled garment, similar to a T-shirt, has a rounded capped neckline, short raglan sleeves, and a plain, hemmed bottom. The logo indicated by the style name is printed on the front of the shirt.

The garment designated as style “Goddess T-shirt” will be made with two different fiber contents. The Goddess T-shirt to be imported under style number 61500 will be made from 51 percent hemp, 39 percent cotton, and ten percent spandex lightweight knit fabric; the garment imported under style number 21500 will be made from 95 percent cotton and five percent spandex knit fabric. The pullover styled garment, similar to a T-shirt has a rounded capped neckline, short raglan sleeves, and a plain, hemmed bottom. Style 81654 is made from 55 percent soy, 40 percent cotton, and five percent spandex knit fabric. The pullover has a v-shaped neckline trimmed with piping, a pieced front panel, trimmed with piping, giving the garment a crossover effect, long sleeves, and a plain, hemmed bottom.

The applicable subheading for style 21500 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, Singlets, Tank tops, and similar garments, knitted or crocheted: Of Cotton: Women’s or girls’: Other. The duty rate will be 16.5% ad valorem.

The applicable subheading for styles “OTE logo T-shirt,” 61540, and 61500 will be 6109.90.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, Singlets, Tank tops, and similar garments, knitted or crocheted: Of Other Fibers: Women’s or girls’. The duty rate will be 16% ad valorem.

The applicable subheading for style 81654 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversand similar articles, knitted or crocheted: Of Man-made fibers: Women’s or girls’. The duty rate will be 32% ad valorem.

Style 21500 falls within textile category designation 339; styles “OTE logo T-shirt,” 61540, and 61500 fall within textile category designation 838; style 81654 falls within textile category designation 639. Based upon international textile trade agreements, categories 339 and 639 from China are subject to quota and 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 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.

Style 81654 was marked with the term “soy” as one of the fibers. Please note that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. The term “soy” does not appear of the Federal Trade Commission’s list of generic terms. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking, using the term “soy” is correct.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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