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NY L84803




June 2, 2005

CLA-2-62: RR:NC:TA:N3 356 L84803

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.20.2025

Mr. Gary Epstein
By Design Apparel, Inc.
1370 Broadway
New York, NY 10018

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for a men’s woven shirt and tie from the Dominican Republic.

Dear Mr. Epstein:

In your letter, dated May 6, 2005, you requested a ruling on the tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for a men’s woven shirt and tie from the Dominican Republic.

The submitted sample is a men’s shirt and tie set. The shirt is constructed from 55% cotton, 45% polyester, solid color, dyed, woven fabric. The shirt features a left over right full front opening with seven button closures; a point collar; long sleeves with buttoned cuffs; a pocket on the left chest; and a curved, hemmed bottom. The shirt is labeled with collar and sleeve sizes (ie., 16, 34/35) and is packaged in a retail polybag with a coordinating color, 100% polyester, woven fabric tie.

You state that the yarns used in the shirt fabric are spun in China and that the fabric will be woven and dyed in China. The shirt fabric is sent to the Dominican Republic where it is cut and sewn into finished garments. You also state that the coordinating tie is made in Korea from fabric that is woven in Korea from yarns that are spun in Korea.

The packaged shirt and tie are considered a set for tariff classification purposes. The shirt imparts the essential character to the set. Consequently, the applicable subheading for the submitted sample will be 6205.20.2025, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts, of cotton: other: dress: other: men’s. The rate of duty is 19.7 percent ad valorem.

The submitted sample falls within textile category designation 340. Based upon international textile trade agreements, products of the Dominican Republic are not presently subject to visa requirements or quota restraints. 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.cpb.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.

Based on the information you supplied, the submitted shirt and tie set is not eligible for duty free treatment under the Caribbean Basin Trade Partnership Act because the foreign fabric tie, as part of the set, is an accessory which is ineligible for CBTPA preference. Please note that we have not commented on the eligibility of the shirt fabric under the “short supply” provisions as the presence of the foreign fabric tie precludes eligibility of the shirt and tie set.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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