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NY K89925




November 5, 2004

CLA-2-61:RR:NC:WA:361 NY K89925

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0045; 6109.10.0040; 6110.20.2075; 6109.10.0070,

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

RE: The tariff classification of a girl’s T-shirt, women’s T-shirts and pullovers from Brazil, El Salvador, and Peru.

Dear Mr. Hoffacker:

In your letter dated October 6, 2004, on behalf of your client Alpha Shirt Company, you requested a classification ruling.

The submitted samples are described as follows:

Style #KA255 - a girl’s T-shirt constructed from 100% jersey knit cotton fabric that weighs less than 200 grams per square meter. The garment features short sleeves with a plain raw edge, a round neckline, and a bottom with a plain raw edge.

Style GR100 – a woman’s T-shirt constructed from 100% jersey knit cotton fabric that weighs less than 200 grams per square meter. The garment features shorts sleeves, round neckline, and a straight hemmed bottom.

Style GR102 – a woman’s pullover constructed from 100% cotton rib knit fabric. The garment features round neckline, short sleeves, zigzag stitching around the neckline and the sleeves, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style GR110 – a woman’s pullover constructed from 100% jersey knit cotton fabric. The garment features a round neckline, long sleeves, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style HY120 – a woman’s garment, similar to a T-shirt, constructed from 100% jersey knit cotton fabric that weighs less than 200 grams per square meter. The garment features a round neckline, raglan sleeves, and a hemmed bottom.

We are returning your samples as you requested.

The applicable subheading for the girl’s T-shirt, Style KA255, will be 6109.10.0045, 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, T-shirts, girls’. The rate of duty will be 16.5% ad valorem.

Style KA255 falls within textile category designation 339. Based upon international textile trade agreements this category, from Brazil is subject to quota restraints and visa requirements.

The applicable subheading for the women’s T-shirt, Style GR100, will be 6109.10.0040, 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, T-shirts, women’s. The rate of duty will be 16.5% ad valorem.

Style GR100 falls within textile category designation 339. Based upon international textile trade agreements this category, from Brazil is subject to quota restraints and visa requirements.

The applicable subheading for the pullover, Style GR102 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, of cotton, other, other, women’s. The rate of duty will be 16.5% ad valorem.

The pullover, Style GR102, falls within textile category designation 339. Based upon international textile trade agreements, this category from Brazil is subject to quota restraints and visa requirements.

The applicable subheading for the pullover, Style GR110 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, of cotton, other, other, women’s. The rate of duty will be 16.5% ad valorem.

The pullover, Style GR110, falls within textile category designation 339. Based upon international textile trade agreements, this category from El Salvador is not subject to quota restraints or visa requirements.

The applicable subheading for Style HY120 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, other. The rate of duty will be 16.5% ad valorem.

Style HY120 falls within textile category designation 339. Based upon international textile trade agreements this category from Peru is 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 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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