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NY K89986





November 1, 2004

CLA-2-61:RR:NC:TA:354 K89986

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0007; 6109.10.0018

Mr. John Nagel
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, North Carolina 27105

RE: The tariff classification of a men’s garment from the Dominican Republic.

Dear Mr. Nagel:

In your letter dated October 12, 2004, you requested a tariff classification ruling. The provided samples will be returned as per your request.

Style U428WH is a men’s singlet constructed of a 100% cotton light weight rib knit fabric in a white color. The garment features a scooped front neckline, a low rounded rear neckline, oversized armholes, shoulder straps that measure 2-inches in width, and a hemmed bottom. The singlet will be available in a black colored 100% cotton version as style U428BK and in a grey heather colored 90% cotton 10% polyester version as style U428GC.

The applicable subheading for Style U428WH will be 6109.10.0007, 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': Singlets, all white, without pockets, trim or embroidery. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for Styles U428BK and U428GC will be 6109.10.0018, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton . . . Men's or boys': Tank tops and other singlets: Men’s. The duty rate will be 16.5 percent ad valorem.

Style U428WH falls within textile category designation 352, and Styles U428BK and U428GC fall within textile category designation 338. Based upon international textile trade agreements products of the Dominican Republic within textile category designation 338 are subject to quota, and products within the textile category designation 352 and 338 are subject to 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 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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