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NY L87284




November 14, 2005

CLA-2-62:RR:NC:TA:N3 356 L87284

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.29.3046; 6203.29.3060

Mr. Jimmy Wong
Keystone International Logistics, Inc.
One Cross Island Plaza, Suite 229A
Rosedale, NY 11422

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

Dear Mr. Wong:

In your letter dated September 2, 2005, you requested a tariff classification ruling on behalf of Brian Brothers. The classification of Style 6512 was delayed due to laboratory analysis. As requested, your samples will be returned.

Style 6512 consists of a men’s shirt and a pair of pants that are constructed from identical 100% linen, woven fabric. You have indicated that the garments will be imported, marketed, and sold as a two-piece ensemble in sizes Small, Medium and Large. Both garments are in the same color, style, fabric construction, and size.

The shirt features a notched collar with lapels; a full front opening with seven button closures; short, hemmed sleeves; a patch pocket on the left chest with a single button closure; and a straight, hemmed bottom with side slits. The pants feature a pleated front; a flat waistband with six belt loops; a zippered, fly front opening with a button and a metal hook closure at the waistband; quarter pockets; two rear welt pockets with button closures; and cuffs at the leg openings.

The applicable subheading for the shirt of Style 6512 will be 6203.29.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’suits, ensembles, suit type-jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): ensembles: of other textile materials: other: shirts: other. The duty rate is 2.8% ad valorem. This is the rate that would apply if the garment were entered separately and classified in subheading 6205.90.4040.

The applicable subheading for the pants of Style 6512 will be 6203.29.3046, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ suits, ensembles, suit type-jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): ensembles: of other textile materials: other: trousers, breeches and shorts: other: trousers and breeches. The duty rate is 2.8% ad valorem. This is the rate that would apply if the garment were entered separately and classified in subheading 6203.49.8045.

The shirt of Style 6512 falls within textile category designation 840. The pants of Style 6512 fall within textile category designation 847. 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 Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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