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NY L80018




November 19, 2004

CLA-2-62:RR:NC:N3:361 L80018

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6106.20.2010; 6107.12.0010; 6110.30.3055

Ms. Judy Kelly
Patagonia, Inc
259 West Santa Clara Street
Ventura, CA 93001

RE: The tariff classification of five garments from Mexico.

Dear Ms. Kelly:

In your letter dated October 12, 2004, you requested a tariff classification ruling for five garments. The submitted samples will be returned to you as requested.

Style 45093 is a pair of men’s boxer shorts constructed from 100 percent polyester knit fabric. The boxer shorts are 16 inches long and have an elasticized waistband, and an open fly.

Style 44595 is a woman’s pullover constructed from 100 percent polyester knit fabric. The pullover has a boat neckline, long sleeves, and a plain, hemmed bottom. The fabric of the garment has more than nine stitches per two centimeters measured in the horizontal direction.

Style 44684 is a pair of women’s pull-on pants constructed from 100 percent polyester knit fabric. The pants have a narrow elasticized waistband and hemmed leg openings.

Style 44672 is a woman’s shirt constructed from 100 percent polyester knit fabric with more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt has a mock turtleneck, a partial front opening with a zipper closure, long sleeves, and a plain, hemmed bottom.

Style 44285 is a woman’s shirt constructed from 100 percent polyester knit fabric with more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt has a rounded neckline, a partial front opening with a two-button closure, long sleeves, and a plain, hemmed bottom.

The applicable subheading for style 45093 will be 6107.12.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s underpants, briefs, and similar articles, knitted or crocheted: Of man-made fibers. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for style 44595 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversknitted or crocheted: Of man-made fibers. The rate of duty will be 32 percent ad valorem.

The applicable subheading for style 44684 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of synthetic fibers. The rate of duty will be 28.2 percent ad valorem.

The applicable subheading for styles 44672 and 44285 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blousesknitted or crocheted: Of man-made fibers. The rate of duty will be 32 percent ad valorem.

Style 45093 falls within textile category designation 652; style 44684 falls within textile category designation 648; styles 44595, 44672 and 44285 fall within textile category designation 639. Based upon international textile trade agreements, these categories from Mexico are neither subject to quota restraints nor 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.).

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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