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NY 801701

September 15, 1994

CLA-2-63:S:N:N6:349 801701


TARIFF NO.: 6304.92.0000; 6205.20.2065

Mr. Peter A. Rapoza
Baobab Trading Company
99 Pinckney Street
Boston, MA 02114

RE: The tariff classification of a textile furnishing cloth and a men's woven cotton shirt from Kenya.

Dear Mr. Rapoza:

In your letter dated August 26, 1994 you requested a classification ruling.

The submitted samples consist of a fringed cloth and a men's shirt. The cloth is made from a 100 percent cotton fabric that measures approximately 40x61 inches, excluding a 2 inch knotted fringe at each end of the warp yarns. This cloth is a multi-use furnishing item and may be used as a tablecloth, beach blanket, furniture cover, etc.

The men's shirt is made from a 100 percent cotton woven fabric and buttons left over right. It has short sleeves, a left breast pocket and frog closures.

The applicable subheading for the furnishing cloth will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404, other, not knitted or crocheted, of cotton. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the men's shirt will be 6205.20.2065, HTS, which provides for men's or boy's shirts: of cotton: other, other, other, other, men's. The rate of duty will be 21 percent ad valorem.

The furnishing cloth falls within textile category designation 369 and the men's shirt falls within textile category designation 340. Based upon international textile trade agreements, shirts from Kenya in category 340 are subject to 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 subject 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 been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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