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NY N012728





July 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2070

Mr. Mark J. Bonvissuto
D. Hauser, Inc.
One Cross Island Plaza, Suite 310
Rosedale, NY 11422

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

Dear Mr. Bonvissuto:

In your letter dated June 11, 2007, you requested a tariff classification ruling on behalf of Elbeco, Inc. As requested, your sample will be returned.

Style 701 is a men’s shirt constructed from 65% polyester, 35% cotton, solid color, woven sateen fabric. Style 701 features a notched collar with lapels, a full front opening with a zippered closure, a snap closure at the bottom and the top of the zipper, long sleeves with snap closures at the cuffs, two pleated pockets with flaps and hook and loop closures on the chest, a badge patch on the left chest, and a straight hemmed bottom. The sample shirt is size 42.

You state that the garment is marketed to law enforcement organizations and is advertised as being worn as a shirt or as a jacket. The garment lacks sufficient features to be classified as an outerwear jacket. Consequently the applicable subheading for Style 701 will be 6205.30.2070, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for men’s or boys’ shirts, of man-made fibers, other: other: other: other: men’s. The duty rate is 29.1cents per kg. plus 25.9% ad valorem.

Style 701 falls within textile category designation 640. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 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

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