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NY L80440




December 3, 2004

CLA-2-61:RR:NC:WA:361 NY L80440

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0040; 6110.20.2075; 6109.90.1090; 6109.10.0027.

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

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

Dear Mr. Hoffacker:

In your letter dated October 29, 2004, on behalf of your client Broder Brothers dba Alpha Shirt Company, you requested a classification ruling.

The submitted samples are described as follows:

Style #GR101 - a woman’s T-shirt constructed from 95% cotton, and 3% spandex knit fabric that weighs less than 200 grams per square meter. The garment features a crew neckline, short sleeves, and a straight hemmed bottom.

Style #GR109 - a woman’s pullover constructed from 100% cotton jersey knit fabric. The sleeveless garment features a round neckline, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style #GR111 -a woman’s garment similar to a T-shirt constructed from 50% cotton, and 50% polyester knit fabric that weighs less than 200 grams per square meter. The garment features a round neckline, short sleeves with rib knit cuffs, and a hemmed bottom.

You have indicated in your letter that the fabric of Style GR111 is a blend of 50% cotton/ 50% polyester. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

Style #GR151 - a men’s garment similar to a T-shirt constructed from 100% cotton, jersey knit fabric that weighs less than 200 grams per square meter. The garment features a round neckline, short sleeves with rib knit cuffs, and a hemmed bottom.

We are returning your samples as you requested.

The applicable subheading for the T-shirt, Style GR101, will be 6109.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ 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.

The T-shirt, Style GR101, falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The applicable subheading for the pullover, Style GR109 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 GR109, falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The applicable subheading for Style GR111 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, of man-made fibers, women’s or girls’, other. The rate of duty will be 32% ad valorem.

Style GR111 falls within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The applicable subheading for Style GR151 will be 6109.10.0027, 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’, tank tops and other singlets, other. The rate of duty will be 16.5% ad valorem.

Style GR151 falls within textile category designation 338. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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,
National Commodity

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