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NY K89903




October 26, 2004

CLA-2-61:RR:NC:TA:N3:356 K89903

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0012; 6109.10.0070; 6110.20.2065

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of men’s and women’s knit garments from Peru.

Dear Mr. Hoffacker:

In your letter dated September 27, 2004, you requested a tariff classification ruling on behalf of Alpha Shirt Company. As requested, your samples will be returned.

Style DP155W is a women’s pullover garment that is similar-to-a T-shirt. Style DP155W is constructed from 97 percent cotton, 3 percent spandex, jersey knit fabric and features a rib knit crew neckline; short hemmed sleeves; and a straight, hemmed bottom with side slits.

Style D180S is a men’s T-shirt constructed from 100 percent cotton, jersey knit fabric that weighs less than 200 grams per square meter. The T-shirt features a rib knit crew neckline; short hemmed sleeves; and a straight, hemmed bottom.

Style D180L is a men’s pullover garment constructed from 100 percent cotton, jersey knit fabric that measures 28 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit crew neckline; long, loose fitting sleeves with rib knit cuffs; and a straight, hemmed bottom.

The applicable subheading for Style DP155W 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: other. The duty rate is 16.5 percent ad valorem.

The applicable subheading for Style D180S will be 6109.10.0012, 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’: other: T-shirts: men’s. The duty rate is 16.5 percent ad valorem.

The applicable subheading for Style D180L 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.

Style DP155W falls within textile category designation 339. Styles D180S and D180L fall within textile category designation 338. Based upon international textile trade agreements, products of Peru are subject to visa requirements.

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

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