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NY 871397

March 3, 1992

CLA-2-61:S:N:N3-I:356 871397

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6110.30.3050; 6105.20.2010

Ms. Patricia Farrell
Export-Import Services, Inc.
900 Route 9
Woodbridge, N.J. 07095-1003

RE: The tariff classification of men's knit garments from the Dominican Republic.

Dear Ms. Farrell:

In your letter dated January 24, 1992, resubmitted on February 11, 1992, you requested a tariff classification ruling on behalf of A & B Design Inc.

The garment you describe as "Plain Crew Neck Shirt" is a man's short sleeved pullover garment which is constructed from 50 percent cotton, 50 percent polyester, finely knit fabric. The garment features a rib knit neckline; a wide, loose fitting body; short hemmed sleeves; a patch pocket on the left chest; an embroidered design on the patch pocket; a hemmed bottom; side slits and a tail.

The garment you describe as "Striped Crew Neck Shirt" is a man's short sleeved pullover garment which is constructed from 50 percent cotton, 50 percent polyester, finely knit fabric. The garment features a rib knit neckline; a wide, loose fitting body; short hemmed sleeves; an embroidered design on the left chest; and a hemmed bottom.

The garment you describe as "Polo Shirt" is a man's short sleeved shirt constructed from 50 percent cotton, 50 percent polyester, pique knit fabric which contains more than 10 stitches per linear centimeter in both the horizontal and vertical directions. The garment features a rib knit spread collar; a partial front opening with two button closures; rib knit cuffs; a hemmed bottom; side slits and a tail.

You have indicated in your letter that the fabric is a blend of 50 percent cotton, 50 percent polyester. Garments which are claimed to be constructed from such a blend may be subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. A slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

As requested, your samples will be returned.

The applicable subheading for the "Plain Crew Neck Shirt" and the "Striped Crew Neck Shirt" will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys'. The duty rate will be 34.2 percent ad valorem.

The applicable subheading for the "Polo Shirt" will be 6105.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of man-made fibers: other: men's. The duty rate will be 34.6 percent ad valorem.

All of the three garments fall within textile category designation 638. Based upon international textile trade agreements, products of the Dominican Republic are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are sub- ject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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