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NY L80668




CLA-2-61:RR:NC:WA:361 NY L80668November 12, 2004


CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006; 6110.20.2075

Ms. Patty Peacock
Anvil Knitwear, Inc.
146 W. Country Club Rd.
Hamer, SC 29547

RE: The tariff classification of a pair of women’s knit pants and pullover from Honduras – correction of NY ruling K89657.

Dear Ms. Peacock:

This letter replaces the ruling letter we sent to you on November 1, 2004, under file number NY K89657. The purpose of this replacement letter is to correct clerical errors. On November 1, 2004, you informed this office that the quota and visa status reported in our reply to you October 29, 2004 was incorrect. The status for quota and visa has been corrected below.

In your letter dated September 23, 2004, you requested a classification ruling.

The submitted samples are described as follows:

Style #1960 - A pair of women’s pants constructed from 93% cotton, and 7% spandex jersey knit fabric. The garment features a wide waistband with a drawstring, and hemmed leg openings.

Style #1961 – A woman’s pullover constructed from 93% cotton and 7% spandex jersey knit fabric. The garment features a hood, long sleeves, slits at both sides, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

The applicable subheading for the pants, Style 1960, will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, trousers bib and brace overalls, of cotton, other, trousers and breeches, women’s, containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 14.9% ad valorem.

Style 1960 falls within textile category designation 348. Based upon international textile trade agreements this category from Honduras is not subject to quota restraints or visa requirements.

The applicable subheading for the pullover, Style 1961 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 1961, falls within textile category designation 339. Based upon international textile trade agreements, this category from Honduras is not subject to quota restraints or 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,
National Commodity

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