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NY L86424




August 3, 2005

CLA-2-62:RR:NC:TA:N3:356 L86424

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.20.2065

Mr. Brian J. Murphy
Stein Shostak Shostak Pollack & O’Hara, LLP 865 South Figueroa Street
Los Angeles, CA 90017

RE: The tariff classification of a men’s woven shirt from China.

Dear Mr. Murphy:

In your letter dated July 13, 2005 and in subsequent correspondence dated July 26, 2005, you requested a classification ruling on behalf of N’Zania LLC and its related division, Newport Sportswear LLC. As requested, your samples will be returned.

Style LSWJ101903 is a man’s shirt constructed from 100% cotton, brushed woven fabric. The shirt, submitted in size Medium, features a self-fabric spread collar, a full front opening with seven button closures, long sleeves with buttoned cuffs, a lined rear yoke, two chest pockets with buttoned flaps, side seam pockets below the waist, and a curved, hemmed bottom.

Although you request classification in HTS 6201 as a jacket, the garment does not have the character of a jacket. The cut of the garment indicates that it is not intended to be worn over another outerwear garment in the manner of a jacket.

Consequently, the applicable subheading for Style LSWJ101903 will be 6205.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts, of cotton: other: other: other: men’s. The duty rate will be 19.7% ad valorem.

Style LSWJ101903 falls within textile category designation 340. 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.

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 Mary P. Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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